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(영문) 의정부지방법원 고양지원 2016.06.01 2016고단926

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On December 30, 2009, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 1,500,000,000 as a crime of violating the Road Traffic Act (driving). On July 16, 2014, the Defendant received a summary order of KRW 2,50,000,000 as a fine for the same crime.

On March 28, 2016, at around 23:10, the Defendant driven a lusc vehicle under the influence of alcohol concentration of approximately 0.105% from the 25km section from the roads of military students in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the roads in front of the new IC.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol under the Road Traffic Act not less than twice, but drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal records of the same kind as the suspect) statute;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, the circumstances leading up to the crime that the defendant dices alcohol, including but not limited to the case where the defendant had been drinking, and was driving after making four hours of leisure thereafter, and the defendant shows an attitude against the crime of this case, together with the following: the defendant's age, sex, environment, and circumstances after the crime, etc., the punishment is determined as ordered by considering the sentencing conditions, such as the defendant's age, sex, environment, and conditions after the crime.