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(영문) 의정부지방법원 고양지원 2016.05.20 2016고단527
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 June 24, 2008, the Defendant was issued a summary order of KRW 1.5 million as a crime of driving under the Road Traffic Act at the Seoul Western District Court on June 24, 2008, and KRW 3 million as a crime of the same offense in the Jung-gu District Court on December 14, 2009.

On February 20, 2016, the Defendant driven Bone Starting Vehicle under the influence of alcohol leveling 0.167% from the 3km section of approximately 3km from the roads in Gyeyang-gu, Seoyang-gu to the roads in front of the large valley in the same Gu.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of alcohol, a written appraisal of alcohol during blood, and a report on the driving of alcohol under the influence of alcohol;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the same criminal record and confirmation of the suspect);

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. 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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol content, the records of the punishment for traffic crimes, the time gap between the immediately preceding detection day, the fact that there is no history of punishment exceeding the fine, the fact that there is no history of punishment exceeding the fine, the defendant's age, sex, sex, environment, occupation and career, occupation and experience, family relationship, details of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition

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