(영문) 의정부지방법원 고양지원 2017.03.23 2017고단116

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2017.03.23 2017고단116

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 June 20, 2007, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and KRW 2,50,000 as a fine for the same crime in the above court on May 21, 2013.

On January 6, 2017, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol content of approximately 0.114% in blood from approximately 5km section from the front of the leased commercial building located in Seongdong-gu, Seoyang-gu, Sungyang-si to the front road of the Goyang-si, Seoyang-si, Busan-si, Busan-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, the circumstantial report of the driver of drinking, and inquiry into the results of regulating the driving of drinking;

1. Previous convictions: Application of three separate Acts and subordinate statutes, such as inquiries about criminal history, reporting of the previous convictions and reporting of the results thereof, and a copy of summary orders;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

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, with the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again even though he/she could have been punished for drinking driving.

However, considering that there is no record of punishment in excess of a fine, the same punishment as the order shall be determined.

참조조문

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