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(영문) 의정부지방법원 고양지원 2015.09.08 2015고단1662

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

[criminal power] The Defendant was issued a summary order of KRW 700,000,000,000,000 won on October 23, 2006 and November 9, 2012, as a crime of violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

Although the Defendant had had a force of driving under the influence of alcohol twice again, on June 9, 2015, at around 23:45, the Defendant driven an E-observer car while under the influence of alcohol 0.172% at the front of the “D” restaurant located in C at Pariju on June 9, 2015.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. A written inquiry about the result of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a summary order of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The decision to punish a defendant on the grounds of sentencing under Article 62-2 of the Criminal Act shall be made by selecting imprisonment with prison labor in consideration of his/her previous record of drunk driving (in the last ten years, two times within the last three years, and one of them is less than 0.172%), his/her drinking level (in the last three years), etc., and the distance and place of drunk driving, the circumstances leading to the drunk driving, the age, character and conduct, the environment of the defendant, the motive, means and consequence of the crime, the circumstances after the crime, etc.