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(영문) 의정부지방법원 2016.08.19 2016고단569
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 20, 2007, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving), and on November 29, 2012, the Defendant was punished on two or more occasions for a crime of violating the Road Traffic Act (drinking driving) by receiving a summary order of 4 million won for the same crime from the same court.

On January 1, 2016, around 03:36, the Defendant driven Bmp car while under the influence of alcohol with approximately 0.122% alcohol concentration from the 3km section to the road located at approximately 101, 390 No. 1,000, 556, Nam-do, Nam-ro, Nam-si, Nam-gu, Namyang-si, Namyang-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Criminal records as indicated in the judgment: Inquiry about criminal history and application of the Acts and subordinate statutes on investigation report (the previous record confirmation);

1. Article 148-2 (1) 1 and Article 44 (1) (Selection of Imprisonment) of the relevant Act and Article 148-2 (1) of the Traffic Act on the basis of the type of crime;

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

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