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(영문) 의정부지방법원 고양지원 2016.02.16 2015고단3747

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

Reasons

Criminal facts

[criminal history] The defendant was sentenced to a fine of KRW 1 million on July 6, 2007 to a crime of violating road traffic laws (drinking) at the Daejeon District Court on July 6, 2007, and a fine of KRW 1.5 million on August 22, 2012 to a crime of violating road traffic laws (drinking) at the Jung-gu District Court on March 22, 2012.

[Criminal facts] On December 12, 2015, the Defendant driven a B B-type car under the influence of alcohol leveling 0.089% from approximately 10km to the Belgium in the Geum-dong, Geum-dong, Geumju Island, from around 09:45 on the roads near the P-si, P-si, P-si, P-si, P-si, P-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (including a request for appraisal of blood collection and a report on the result thereof (including a request for appraisal attached thereto and a report on the result);

1. Previous conviction in judgment: Application of a reply to inquiry, investigation report (including attachment of a summary order (including a summary order attached) to the same type of case Acts and subordinate statutes;

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to appoint and punish a person who is to be sentenced to imprisonment at once in consideration of the defendant's influence of drinking, and the punishment shall be determined as ordered in consideration of his/her alcohol density during blood, the circumstances leading to driving alcohol, the distance and place leading to driving alcohol, the age, sex, environment, circumstances after the crime, etc.