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(영문) 의정부지방법원 2017.01.06 2016고단3069
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 3, 2016, the Defendant driven a vehicle B with alcohol content of 0.149% in the blood while under the influence of alcohol, from the 02:00 on the roads near the Gecheon-gun, Gyeonggi-do, Gecheon-gun, to the roads in front of the funeral hall for the Health and Welfare Center in 95,000 a.m.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of previous records);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture was the case in which the defendant was sentenced to a summary disposition of three million won from the prosecution, but the defendant has long been sentenced to punishment seven times from 1993 to 2009 due to the violation of the Road Traffic Act due to drinking driving during the period from 1993 to 2009, and in particular, there was a history of being sentenced to a suspended sentence in 200, and there was a significant high drinking volume of the drinking water in this case, and thus, there was a significant high risk of such danger, it is difficult to be sentenced to a fine as to drinking driving.

Since it shows, it is declared as ordered.

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