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(영문) 의정부지방법원 고양지원 2019.05.31 2019고단1147
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 14, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Goyang-gu District District Court (Seoul District Court) on March 14, 2008. On October 26, 2016, the Defendant was a person who was sentenced to a fine of 2 million won or more for the same crime at the same court on two or more occasions, and was under the influence of alcohol at least 0.165% of alcohol level on April 9, 2019, the Defendant driven DK7 vehicles at the section of approximately 2 km from the Goyang-dong-dong, Yongsan-gu to the front day of the Gyeonggi-gu, Busan-gu, Busan-si, Seoul-si, with a alcohol level of 0:50 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Previous for judgment: Application of criminal records, etc., inquiry reports and investigation reports (applicable before and after the three-year period during which a sound driving is conducted);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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 criminal records of the defendant's identical punishment for the reason of sentencing under Article 62-2 of the Criminal Act, the background of the detection of the case, the blood alcohol concentration of the defendant, and other various circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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