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(영문) 의정부지방법원 고양지원 2017.05.18 2017고단729
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 March 21, 2007, the Defendant had a record of punishing for drinking alcohol driving on at least two occasions, upon receiving a summary order of a fine of KRW 700,000,000 from the High Court of the Republic of Korea on September 10, 200, under the same crime from the High Court of the Republic of Korea on September 10, 209.

피고인은 2017. 2. 26. 17:18 경 혈 중 알코올 농도 0.171% 의 술에 취한 상태에서 파주시 와 동동에 있는 운 정 스포츠 센터 앞부터 같은 동에 있는 벧 엘 교회 앞까지 B 무쏘 승용차를 약 500m 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

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 the fourth drinking alcohol from 199 to the instant crime.

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

In addition, the punishment shall be determined as ordered in consideration of the motive, driving distance, circumstances after the crime, etc. of this case and all of the sentencing conditions identified in the process of trial.

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