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(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3170

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 February 21, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court Goyang Branch on February 21, 2014 and KRW 2.5 million for the same crime at the same court on March 5, 2015.

On November 13, 2015, around 00:08, the Defendant driven a B low-water vehicle with alcohol concentration of 0.095%, while under the influence of alcohol level, from the beginning to the front day of the Han-gu, Seo-gu, Seo-gu, Seo-gu, U.S. (U.S.) in front of the active service.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of management of the circumstantial report of the driver at the main place and the main place report;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

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. The defendant's reason for sentencing under Article 62-2 of the Criminal Act does not need to repeat an order to attend school;

The sentence shall be determined as ordered by comprehensively taking into account all the sentencing conditions, including the following factors: (a) the degree of alcohol value, the record of punishment for drinking alcohol driving, the record of punishment exceeding fines, the absence of any history of punishment exceeding fines, the occurrence of an accident, and the age, sex behavior, environment, occupation, family relationship, and the circumstances after the crime.