beta
(영문) 의정부지방법원 고양지원 2015.08.07 2015고단914

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

[Criminal Power] On April 29, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on April 29, 201, and was issued a summary order of KRW 1.5 million for the same crime at the Seoul Central District Court on December 8, 2008.

【Criminal Facts】

On April 15, 2015, at around 23:32, the Defendant driven a car B with the same “sea with the same “sea” from the day before the Goyang-dong Port Lone Star-dong, Goyang-gu to the day before the restaurant while under the influence of alcohol of 0.096% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Investigation report (Notification of Results of the control of sound driving);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and Acts and subordinate statutes;

1. Relevant 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 for discretionary mitigation;

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

1. In light of the fact that the sentencing of Article 62-2 of the Criminal Act, even if having been punished as the force of a large number of similar kinds of crimes in the past, the need for strict punishment is high, or that there was no past record of having been sentenced to the suspension of qualifications or more than the previous suspension of qualifications, and that the defendant would not repeat the crime, the execution shall be suspended at once, taking into account

It is so decided as per Disposition for the above reasons.