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(영문) 의정부지방법원 고양지원 2016.05.19 2016고단818

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had a record of having been sentenced to a fine of two million won and a fine of two million won in the same court on October 28, 2008 as a crime of violating the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on November 29, 2006, and a fine of two million won and five million won for the same crime in the same court.

Criminal facts

On March 6, 2016, around 10:50, the Defendant driven a B observer car under the influence of alcohol content 0.161% from the 5km of alcohol to the front road, along the new line, located in the Hanyang-gu Hanyang-gu Won-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, reporting on the situation of driving of drinking, and reporting on the detection of drivers;

1. A written appraisal;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to summary orders), application of summary orders and other Acts and subordinate statutes;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the selection of imprisonment, and the selection of a sentence;

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. Reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's records of drinking, drinking, drinking, and reflective nature of the defendant, the age of the defendant, the sex environment, etc.