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(영문) 의정부지방법원 고양지원 2017.07.14 2017고단1557
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 April 9, 2014, the Defendant received a summary order of KRW 1 million, and KRW 2.5 million, as a fine for the same crime, on May 31, 2016, from the same court, for the same crime, as a crime of violating the Road Traffic Act.

On May 4, 2017, the Defendant driven a balp vehicle under the influence of alcohol concentration of about 0.108% in blood while under the influence of alcohol concentration of about 5 km from the 2nd Do of Pakistan-dong, Seo-gu, Chungcheongnam-gu, Seo-gu, Seoyang-gu, Seoyang-do to the roads before the 2nd Do of Pakistan-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. Criminal records as stated: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to the judgement) and statutes;

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;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, two times the driving force of drinking, drinking values, driving distance, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc., shall be taken into consideration;

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