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(영문) 의정부지방법원 2017.04.18 2016고단4569
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 July 5, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on July 5, 2012, and on December 17, 2014, issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

Criminal facts

around 24 22:00 on October 24, 2016, the Defendant driven a B-learning car under the influence of alcohol from approximately 2Km at a distance of about 0.117% during blood alcohol to the road of the Namyang-si, Gyeonggi-do, the Namyang-si, the Namyang-do, the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same paper) and statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, two times the same criminal records and the fact that there is no criminal record of suspended execution or more, reflectivity, the age, sex, environment, motive of the crime, circumstances after the crime, etc. of the defendant;

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