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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단635

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 16, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws at the Seoul Northern District Court (drinking driving). On July 13, 2015, the Defendant was issued a summary order of KRW 2,50,000 as a fine for the same crime.

[2] Although Defendant 1 had driven a motor vehicle under the influence of alcohol on two occasions, Defendant 2 driven a motor vehicle with a width of 3:13 meters from the front side of the Goyang-gu Sodong Undong-gu, Soyang-gu, Seoyang-si to the front road of the Goyang-gu, Seoyang-si, Goyang-si, Goyang-si, under the influence of alcohol on March 3, 2016 at around 0.06% of alcohol concentration among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous offense in holding a report on detection of the driver involved;

1. Written inquiry about criminal history, etc.;

1. Investigation report and application of summary order Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and

3. The period of a stay of execution of two years for eight months after the sentence is sentenced (the details and figures of the crime and drinking, previous convictions and relationships for the same kind of crime, age of the accused, sex behavior and family relationship, etc. to be supported);