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(영문) 의정부지방법원 고양지원 2016.09.07 2016고단2088
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 December 19, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on June 16, 2014 as the same crime, respectively.

On July 2, 2016, at around 04:54, the Defendant driven a Bpft car with a blood alcohol concentration of about 0.114% from the 500m section from the mar apartment parking lot in Priju-si, Priju to the front road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, without any special reason, has been driving under the influence of drinking, twice.

However, the defendant tried to start a marriage with his wife in de facto marriage relations and to start a new life, showing an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.

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