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(영문) 의정부지방법원 고양지원 2016.08.26 2016고단1611

도로교통법위반(음주운전)

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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 November 21, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in the support of the Suwon Friwon method, and on December 12, 201, the Defendant received a summary order of KRW 2,50,000 for a fine for the same crime from the Jung-gu District Court Goyang Branch on December 12, 201.

On June 9, 2016, the Defendant driven a B-hand car with alcohol content of about 0.150% while under the influence of alcohol at a distance of about 2 km from the commercial parking lot located in the Dong-dong-dong-dong-dong-dong 902 to the front side of the island located in the same Gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Records of judgment: References to inquiries, such as criminal history, and application of Part III of the summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act, even though he had a record of punishment for three times or a fine due to drinking, once again drives drinking, and the drinking level is also reasonable.

This is disadvantageous to the defendant.

On the other hand, it is favorable that the defendant reflects the mistake, and there is no criminal record exceeding the fine, and that he supports his family's livelihood including young children.

The sentence identical to the order shall be determined in consideration of the overall sentencing conditions shown in the pleadings of this case, such as these circumstances and the age, sex, environment, circumstances, circumstances after the crime, and the circumstances after the crime.