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(영문) 의정부지방법원 고양지원 2017.01.13 2016고단2934

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 November 29, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on November 29, 2006 and KRW 4 million for the same crime in the same court.

On September 18, 2016, the Defendant driven a DNA base vehicle under the influence of alcohol by 0.185% from the 2km section of approximately 2 km to the same 38 km village in the city of the same city and the 300 km road in the city of the Si/Gun of Pakistan-si on September 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Application of Acts and subordinate statutes to a summary order and a written reply to criminal history;

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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession of the accused, the degree of alcohol content, the record of punishment for drinking driving (three times), the temporal gap between the immediately preceding detection and the day of accident, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of punishment exceeding the fine, the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, etc., the punishment shall be determined as per the order.