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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단1516
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

On October 29, 2010, the Defendant was issued a summary order of KRW 1,500,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court, and on March 6, 2015, the Defendant was issued a summary order of KRW 2,50,000 as a fine for the same crime in the same court.

Criminal facts

Despite the fact that the Defendant violated the prohibition of drinking driving regulations on two occasions, on June 8, 2016, the Defendant driven a B-te motor vehicle at the section of approximately 2.3 km from the front of the fri-dong distance at the port of Pakistan to the front of the fri-dong road at the port of Pakistan, while under the influence of alcohol by 0.075% during the blood transfusion on June 8, 2016, even if he/she had so violated the prohibition of drinking driving regulations on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. The records of the defendant's drinking, drinking volume, and other circumstances of his/her age, sex, environment, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;

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