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(영문) 의정부지방법원 고양지원 2016.01.28 2015고단2480
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On February 7, 2007, the Defendant issued a summary order of KRW 3,50,00,000 for a violation of the Road Traffic Act (drinking) at the Suwon Friwon on February 7, 2007, and on September 22, 2011, the Defendant received a summary order of KRW 3,50,000 from the Jung-gu District Court on September 22, 201 and received a fine of KRW 3,50,00 for the same crime.

On September 6, 2015, the Defendant driven a DNA car under the influence of alcohol leveling 0.077% from the 200-meter section from the front of the Defendant’s house located in C at Pariju City, around September 21, 2015 to the C history.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

On February 7, 2007, the Defendant had been sentenced to a summary order of KRW 3.5 million on September 22, 201, which was sentenced to a fine of KRW 3.5 million on the grounds of a violation of the Road Traffic Act (drinking) by the Suwon District Court on February 7, 2007. On September 25, 201, the Defendant was not detained due to a crime of violation of the Road Traffic Act (drinking) at the Gangwon District Court's High Court on September 25, 201, and was currently pending trial.

On October 11, 2015, the Defendant driven a Category D car in the state of alcohol alcohol concentration of 0.181% in the 2km of a comprehensive household from 2km to 0.181% in the front of a comprehensive household, from the clopic distance inside the Trithic city of Maju-si, Priju, Priju-si, Priju-si.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

"2015 Highest 2480"

1. Statement by the defendant in court;

1. The circumstantial report of the driver of the main place of business: "2015 Highest 2852";

1. Statement by the defendant in court;

1. "The records of the judgment" of the main driver's circumstantial report;

1. Application of Acts and subordinate statutes to inquiries, such as each criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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