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(영문) 의정부지방법원 고양지원 2017.02.02 2016고단3742
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 12, 2009, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking on November 1, 2013) at the same court on November 1, 2013.

[Criminal facts] On December 11, 2016, the Defendant driven B low alcohol while under the influence of alcohol with approximately 0.089% alcohol content from approximately 200 meters to the front road of the apartment complex located in the same Si-dong from the front road of the deep commercial building in the Paju City-si Dong-dong on December 23:22, 2016.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, a written order of high aid 2009 high aid 1923 high aid, a summary order of high aid 2013 high aid 2013 high aid 3867 high aid;

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

1. Taking into account the criminal records of the same kind of punishment, the numerical value of drinking, the driving circumstances of drinking, the age, sexual behavior, environment, etc. of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act;

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