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(영문) 의정부지방법원 고양지원 2016.11.11 2016고단2385
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 15, 2008, the Defendant was issued a summary order of KRW 1.5 million on August 30, 2013 by a fine of KRW 3 million due to the same crime, etc. in the court at the same court, on August 30, 2013.

On July 31, 2016, the Defendant was under the influence of 0.123% of blood alcohol concentration at around 20:0, the Defendant driven a B SP car at the section of about 7 km from the front of the string line in the Eunpyeong-gu Seoul Metropolitan Government Seoyang-gu, Seoyang-gu to the roads of about 525-1, Goyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol level, the record of punishment for drunk driving (two times), the time gap between the date of the immediately preceding detection, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, the defendant’s age, character, character, environment, environment, occupation and career, family relationship, details of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined

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