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(영문) 의정부지방법원 고양지원 2017.10.16 2017고단2328
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was issued a summary order of a fine of KRW 1.5 million for a crime of violating road traffic law (drinking driving) in the Jung-gu District Court Goyang Branch on February 12, 2015 and a fine of KRW 4 million for the same crime in the same court on December 16, 2015.

Nevertheless, on June 24, 2017, the Defendant 20:28, driven a BM6 vehicle under the influence of alcohol content of about 0.105% from the 2km section to the church in front of the church, which was located in the middle of the mutual French restaurant in the vicinity of the port of distribution to the 657th.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to a report on investigation (verification of suspect records) and an inquiry report;

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. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the same type of crime, alcohol concentration in blood, details of driving, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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