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(영문) 의정부지방법원 고양지원 2016.10.26 2016고단2445

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On March 30, 2011, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2.5 million as a fine in the same court on February 18, 2016, respectively.

Although the Defendant had had had a alcohol driving twice as above, on August 2, 2016, the Defendant driven a vehicle B, at a distance of approximately 200 meters, from around 200 meters, to the front road of the luminous conference located in the same side, while under the influence of alcohol at around 0.083% of the blood alcohol content, around August 21, 2016.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and summary orders appended to investigation reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, without any special reason, has been driving under the influence of drinking, twice.

However, as a volunteer fire brigade, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as per the order.