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(영문) 의정부지방법원 2016.04.22 2016고단560

도로교통법위반(음주운전)

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2011, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on August 24, 201, and a summary order of KRW 4.5 million for the same crime at the Jung-gu District Court on October 19, 201, and was punished twice or more for a crime of violating the Road Traffic Act (drinking driving).

On February 7, 2016, the Defendant driven a B-hand car with alcohol concentration of about 1.5km from around 177 km to the 177th road in the south-si, Jinyang-si, Jinnyang-si. The Defendant driven a B-hand car with alcohol concentration of about 0.156% under the influence of alcohol level from around 22:34 to the 177th road in the south-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same 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. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Act: A person who again committed the instant crime even though he/she had the same criminal record twice, and under a relatively favorable circumstance with a relatively high level of alcohol level in blood: the recognition of his/her mistake and recognition of his/her age, sexual conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the commission of the crime. It is so decided as per Disposition for the above reasons.