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(영문) 의정부지방법원 고양지원 2019.01.09 2018고단2875
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 9, 2009, the Defendant issued a summary order of KRW 2 million to the same court as a fine of KRW 1 million on June 21, 201, a fine of KRW 1.5 million for the same crime in the same court on June 21, 201, and a fine of KRW 2 million on July 21, 201 in the same court.

On November 4, 2018, at around 23:29, the Defendant driven D class III cargo vehicle while under the influence of alcohol concentration of about 0.095% from the 2km section from the 2km to the front road of Pakistan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of the same kind of power)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act can be led to confession and reflect on the crime of sentencing, the record of punishment for drinking driving can be possible, but the last one is more than seven years from the time of punishment, the fact that drinking alcohol is not high, and other conditions of sentencing as provided by Article 51 of the Criminal Act, such as the age of the defendant, shall be determined as per the disposition.

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