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(영문) 의정부지방법원 고양지원 2016.06.28 2016고단1100
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 January 3, 2007, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on January 3, 2007, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on December 13, 2013.

Criminal facts

On April 2, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 10km from around 10km to around 0.183% of alcohol content in blood, from the front of the parallel line, which is a dynamic behavior in the East-si East-si, Yangju-si to the front day of the Yangju-si in the Yangju-si.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, and inquiry into the results of regulating drinking;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to summary orders), application of summary orders 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 grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's records of drinking, drinking volume, and other age, sexual behavior, environment, etc.

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