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(영문) 의정부지방법원 고양지원 2016.06.03 2016고단853
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 4, 2012, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic laws (drinking driving) at the Goyang Branch of the Jung-gu District Court on August 4, 2012, and was sentenced to a suspended sentence of 2 years for eight months for a crime of violating road traffic laws (drinking driving) at the Goyang Branch of the Jung-gu District Court on May 30, 2014.

On March 30, 2016, around 21:53, the Defendant driven a vehicle with low alcohol level of 0.129% in alcohol at a distance of about 2 km from the day to the front road of the food space located in 700 in the east-gu, Seo-gu, Busan, Seo-gu, Pyeong-si, Pyeong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry, reply, and judgment;

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. For the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight, the defendant is inevitable to be sentenced to a sentence imposed on the defendant, in consideration of the following: (a) the defendant has been convicted of driving under the influence of alcohol twice; (b) even though he/she is under the same suspension of execution, he/she once again drives under the influence of alcohol; (c) the drinking value is considerable; and (d) the fact that the defendant was

However, it is against the defendant's wrongness and will not repeat the crime.

The same sentence as the order shall be determined in consideration of the overall conditions of sentencing, such as the defendant's age, sex, environment, and circumstances after the crime.

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