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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단3806
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

[criminal history] On July 20, 2007, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic law (dacting driving) at the Seoul Eastern District Court, and a fine of KRW 1.5 million due to a violation of road traffic law (dacting driving) at the Seoul Western District Court on October 21, 2008.

[Criminal facts] On November 24, 2016, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.157% at a distance of about 300 meters from the 17thm to the 18th road in the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu. to the front road.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of alcohol alcohol or a report on the detection of a main driver from among blood;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to summary orders), application of summary orders and other Acts and subordinate statutes;

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven three times from 2007 the instant crime, driving of alcohol.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

In addition, the sentencing conditions identified in the records of this case, such as the degree of alcohol concentration, driving distance, motive and circumstance of the crime, etc. during the course of trial, shall be determined as ordered in consideration of the detailed sentencing conditions.

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