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(영문) 의정부지방법원 고양지원 2017.03.22 2017고단6
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 June 28, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million for the same crime in the same court on February 11, 2014.

On November 30, 2016, 23:28, the Defendant driven a B-to-purd vehicle with alcohol content of about 300 meters from the 2nd district of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Busan to the front road of the same 2nd district of the same 300 meters local lower-level of the same 2nd district of the same 30th local lower-level of the same 2nd district of the same 300m.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, it is reasonable to consider that the defendant shows an attitude against the defendant.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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