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(영문) 의정부지방법원 고양지원 2016.05.20 2016고단508
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2007, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and a fine of KRW 2 million as a crime at the Seoul Western District Court on October 10, 201.

On February 10, 2016, around 00:05, the Defendant driven a Belgium car at his own Belgium while under the influence of alcohol content 0.095% from the front road of the Yongsan-dong, Incheon Metropolitan City, to the front road of the 63-year ancient city, Nam-gu, Incheon.

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. References to inquiries, such as criminal history, and the application of the previous drinking and the statutes attached to the summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the confession of the defendant, the degree of alcohol content, the time gap between the immediately preceding detection day, the occurrence of accident, and the fact that there is no criminal punishment history other than twice the fines stated in the judgment, the defendant's age and gender, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, circumstances after the crime, etc. shall be comprehensively taken into account, and the punishment shall be determined as ordered.

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