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(영문) 의정부지방법원 고양지원 2017.03.22 2017고단532
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

On August 3, 2012, the Defendant issued a summary order of a fine of KRW 1.8 million on the ground of a violation of road traffic law at a common military court of the common military court of the Army Group 9 on August 3, 2012, and a fine of KRW 3.5 million on November 22, 2013 in the same court as the same crime.

On January 23, 2017, the Defendant driven Boper XG car in the state of alcohol alcohol concentration of about 0.073% while under the influence of alcohol level at around 0.073% in front of the high-sea vocational high schools located in the same Dong-dong located in the same Sungdong-gu, Jungsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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. To take into account the fact that the reason for sentencing under Article 62-2 of the Criminal Act reflects the wrongness of sentencing, the history of drinking driving (2 times in 2012, 2013), the drinking numerical value and the distance of driving, etc.;

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