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(영문) 의정부지방법원 고양지원 2018.06.08 2018고단932
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 31, 2007, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic laws (drinking) in the Goyang Branch of the District Court on October 31, 2007. On October 28, 2016, the Defendant was issued a summary order of five million won for the same crime in the same court.

On March 29, 2018, the Defendant driven a car with alcohol alcohol content of approximately 0.125% while under the influence of alcohol in the direction of approximately 1.3 km from the section of approximately 1.3 km to the road before the Red Sea Pool, which is located from the national collection from which the trade name in the Seo-gu, Seo-gu, Busan Metropolitan City is unknown at the ancient city around 00:14, March 29, 2018 to the 5-day light from the 1.3 km-si, Pari-si, Pari-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.; and (c) the sentencing as indicated in the records and arguments on changes, the sentence as ordered shall be

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