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(영문) 의정부지방법원 고양지원 2017.05.19 2017고단972
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 1, 2017, at around 00:30, the Defendant driven B Poter cargo at a distance of about 1 km from the front day of the Geum-dong Geum-dong, Geumju-si to the front day of the same Medi-dong Hospital, to the same Medi-dong Hospital, while under the influence of alcohol of about 0.151% during blood.

2. On March 16, 2015, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking) with respect to a high-level district court support road traffic (drinking). On March 1, 2017, the Defendant re-controled the Defendant into a violation of the Road Traffic Act (drinking) at the police station having the influence of alcohol as stated in the preceding paragraph.

Nevertheless, at around March 6, 2017, the Defendant driven the cargo vehicles described in the preceding port while under the influence of alcohol of about 0.160% in a distance of about 50 meters from the front day of the gold village to the front day of the same gold village.

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. Requests for blood appraisal, replys to requests for respective appraisal, reports on the circumstances of drivers of each driving, and inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act and Articles 148-2 (2) 2, 44 (1), 148-2 (1) 1, and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (the confessions and reflects by the defendant, the fact that the defendant has no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, the current health status, age, sexual behavior, environment, etc. of the defendant);

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

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