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(영문) 의정부지방법원 고양지원 2017.07.05 2017고단1343
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 21, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on May 2, 2014, the Defendant received a summary order of KRW 4 million as the same crime in the same court on May 2, 2014, and on June 1, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months on June 9, 2017.

On February 20, 2017, at around 18:50, the Defendant driven a two-line motor vehicle under the influence of alcohol content of approximately 0.157% from the 2km section from the 2km section to the 800th road in the mini-si, Jeonju-si.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries about criminal history, text of judgment, and copies of summary order respectively;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., circumstances in which a defendant is led to confession and reflect, or was subject to a trial with a final and conclusive judgment of suspension of execution, the age, environment, sex, etc. of the defendant);

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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