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(영문) 의정부지방법원 고양지원 2016.05.27 2016고단625
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 November 23, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on November 23, 2006 and KRW 1.5 million for the same crime in the Jung-gu District Court Goyang Branch on November 8, 2007.

On March 3, 2016, the Defendant driven a BN-si car at the section of approximately 1km from the section of approximately 1km to the front side of the mountain village 502 Dongsan-dong, Busan High School, Seo-gu, Seoyang-gu, 0.120% alcohol concentration among the blood transfusion around 22:50%.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the surrounding circumstances and report on the results of regulating drinking driving;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. 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 content, the record of punishment for drinking driving (two times), the gap between time and the day of the immediately preceding detection, the fact that there is no history of punishment exceeding the fine, and the fact that there is no history of punishment exceeding the fine, the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, etc., the punishment shall be determined as ordered by the Disposition.

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