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(영문) 의정부지방법원 고양지원 2016.04.22 2016고단306
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 September 9, 2009, the defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court, and on July 24, 2014, the former District Court received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving).

On January 30, 2016, the Defendant driven BMW 302d car under the influence of alcohol concentration of about 0.136% at a distance of about 10km from the 10km to the front of a cafeteria, which is located in the Dong-gu Yan-dong, Sinju-si, Sinju-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect's history of driving drinking twice the same) statute;

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. The grounds for sentencing under Article 62-2 of the Criminal Act, the two times before and after drinking, the numerical value of drinking, etc. shall be considered;

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