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(영문) 의정부지방법원 2016.05.26 2016고단980

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 30, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court, and on April 21, 201, a summary order of KRW 2.5 million for the same crime at the Jungbu District Court. < Amended by Act No. 10548, Apr. 21, 201>

On February 5, 2016, the Defendant driven B benz car under the influence of alcohol content of 0.081% from the front to the front road of Scendong located in the Gyeonggi-do Government, while driving his/her blood alcohol concentration of 0.081%, from the front road to the front road of Scendong in the Gyeonggi-do Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (report on the results of confirmation of the previous convictions of the disposition and attachment of the judgment);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Automobiles are convenient means of transportation. However, since a person operating a motor vehicle is in danger of changing with a deadly weapon, he/she is obliged to obtain a license and operate a motor vehicle with due care. In particular, since driving of a motor vehicle can lead to a serious accident, it is highly necessary to impose a heavy punishment in light of the risk. While he/she has already been punished for two times of drinking, one time of drinking, and one time of drinking measurement, it is favorable for the defendant again to drive the motor vehicle: The defendant's mistake is divided, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are taken into consideration the sentencing conditions indicated in the oral proceedings, such as the age of the defendant, sexual behavior, environment, motive and consequence of the crime, etc.