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(영문) 의정부지방법원 고양지원 2016.05.26 2016고단488
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 3, 2003, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1 million for a violation of the Road Traffic Act in the Changwon District Court’s Tong-gu Branch’s territorial branch on January 30, 2009, a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), and on November 21, 201, a summary order of KRW 2 million for a violation of the Road Traffic Act (dacting driving) was issued, respectively.

[Criminal facts] On February 10, 2016, the Defendant driven a B B B B saf in the state of under the influence of alcohol content of about 0.079% from the 2km section to the front road of the apartment complex, where it is impossible to know the trade name in the Sinsan-dong, Busan-gu, Busan-do, where it is possible for the Defendant to view the trade name in the Sinsan-dong, Seosan-dong, and the village 4 located in the same Gu Seosan-dong, Seosan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven a motor vehicle drinking four times due to the instant crime.

However, there is no other criminal record except for the same criminal record as the defendant has been sentenced to a fine and has been punished by fine.

The alcohol concentration in blood is relatively low.

In addition, the sentencing conditions identified in the records of this case and the trial process of this case shall be determined as per the disposition in consideration of the two factors.

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