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(영문) 의정부지방법원 고양지원 2017.09.07 2016고단1263
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 28, 2007, the suspect received a summary order of one million won or more as a violation of the Road Traffic Act (drinking driving), and on November 08, 2007, a summary order of 1.5 million won or more as a fine under the same crime in the same court.

On March 13, 2016, around 13:30 on the same day from Mapo-dong, Mapo-gu, Seoul to 15:15 on the same day, the B Poter Cargo was driven about 20 kilometers in the blood alcohol concentration of 0.092% while under the influence of alcohol for 0.092% in front of the rab household (melting Dong).

As a result, a suspect has violated the prohibition of driving under the influence of alcohol not less than twice, and has driven a motor vehicle under the influence of alcohol again.

1. Protocol concerning the examination of the police of the accused;

1. Report on the circumstances of driving under the liquor:

1. (A) the application of an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (two-time force on drinking driving);

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 stay of execution (including the records of the same kind of crime, the concentration of alcohol in blood, the circumstances of driving, etc.);

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