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(영문) 의정부지방법원 고양지원 2016.07.14 2016고단622

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 February 15, 2008, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating road traffic law (drinking driving) in the Goyang Branch of the Jung-gu District Court on February 15, 2008, and a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) in the Incheon District Court Branch of the Incheon District Court on February 8, 201.

On March 4, 2016, the Defendant, while under the influence of alcohol at around 07:30, driven a DPoter car from the front side of the Geumyang-gu, Suyang-gu, Suyang-si to the front side of the Geumdong-dong, Kuyang-dong, Kuyang-gu, Pari-si, Pari-si, Pari-dong, Pari-dong, Pari-dong, Pari-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous conviction of a reply to a request for appraisal;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Judgment);

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 six months after the sentence is sentenced (the circumstances and results of the crime, the relationship of the same criminal record and the absence of the previous criminal record, the age of the defendant, his sex, family relationship to support the defendant, etc.);