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(영문) 의정부지방법원 고양지원 2015.11.19 2015고단2635
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

[criminal power] On April 18, 201, the Defendant issued a summary order of KRW 1,50,000 as a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 18, 201, and on March 7, 2013, the same court issued a summary order of KRW 4,50,000 due to the same crime and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, it has the same kind of power in addition to

【Criminal Facts】

On August 28, 2015, the Defendant driven a motor vehicle under the influence of alcohol not less than twice as above, and driven a B Poter in the state of alcohol with approximately 0.097% alcohol level 0.097% in the 300-meter radius from the Do of the indu-gu Goyang-gu, Soyang-gu to the 735 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, a defendant's previous conviction (in addition to the previous conviction in total three times, a fine of two million won is imposed on May 27, 2005) shall be selected and punished by imprisonment at this time. The punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, family relationship, circumstances after the crime, etc.

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