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(영문) 의정부지방법원 고양지원 2016.08.25 2016고단1437
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

The defendant is a person who has twice the records of punishment for drinking driving.

On May 27, 2016, the Defendant driven BM car under the influence of alcohol leveling 0.122% in blood, while under the influence of alcohol leveling 0.122% in front of the same Gu, from May 27, 2016, to the front road of the Pungdong-gu Mab-dong, U.S. Mab-dong, U.S. to the front road of the same Gu Pung-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of previous convictions and judgment);

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 a motor vehicle drinking four times due to the instant crime.

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 and the trial process of the defendant, such as the circumstance of drinking driving, family relationship of the defendant, etc., shall be determined as per the disposition.

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