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(영문) 의정부지방법원 고양지원 2016.04.15 2016고단263

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 June 7, 2011, the Defendant was issued a summary order of KRW 1.5 million on the grounds of a violation of road traffic laws (drinking driving) at the Goyang Branch of the Jung-gu District Court (Seoul District Court) and KRW 4 million on September 29, 201, due to a violation of road traffic laws (drinking driving).

Defendant 1 driven BM5 automobiles under the influence of alcohol level of about 500 meters from the 500-meter section to the road located in Leldiro, where the trade name on the side of the Triju city is unknown at around 02:37 on January 17, 2016, even though he had a history of driving alcohol more than twice, Defendant 1 driven BM5 automobiles under the influence of alcohol level of about 0.121% from the 50-meter section to the road located in Leldiro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. On-site photographs;

1. References to inquiries, such as criminal history, investigation reports (formers and confirmations and attachment of written judgments) and the application of statutes;

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. References to inquiries, such as criminal history, and reporting of the results of confirmation before and after each disposition;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s confession, alcohol level, the record of punishment for drinking driving (two times), the gap between the time when the immediately preceding detection was made, the fact that there is no record of punishment exceeding the fine, and the Defendant’s age, sex, criminal conduct, environment, family relationship, details of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined as set forth in the Disposition.