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(영문) 의정부지방법원 고양지원 2017.08.18 2017고단1966
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 October 28, 2008, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act (drinking driving), a fine of three million won due to a violation of the Road Traffic Act (drinking driving), a crime of violating the Road Traffic Act (don November 4, 2009), a fine of two million won due to a violation of the Road Traffic Act (d on July 2, 2010), and a fine of eight million won due to a violation of the Road Traffic Act (doning driving) in the deep support on October 28, 2008.

On June 3, 2017, the Defendant driven B K7 car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.126% from around 00:12 to around 17:26, as in the transmission of the same city, from around the 265-lane to the road in the same city.

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. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a summary order attached to an investigation report, and the statutes of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, even though he had a record of driving alcohol more than twice, was driving at once without any special reason.

However, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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