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(영문) 의정부지방법원 고양지원 2017.12.14 2017고단2354
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 January 15, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic law (driving), and a fine of KRW 4.5 million for a crime of violating road traffic law (driving) in the Gyeyang Branch of the Jung-gu District Court on November 29, 2013.

On July 1, 2017, at around 00:33, the Defendant driven a car of approximately 800 meters in front of the Gone Starex at the same Dong-dong while under the influence of alcohol content of 0.176% in front of the flood-centered commercial building located in the Dong-dong of Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A reply to inquiry, such as criminal history, (A), a report on investigation (related reporting, such as criminal records and relation to the suspect), and the application of relevant summary order statutes;

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. Consideration of the records of the same kind of crime for sentencing under Article 62(1) of the Criminal Act, the concentration of alcohol in blood, the circumstances of driving, etc.;

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