beta
(영문) 의정부지방법원 고양지원 2016.12.06 2016고단2566

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 22, 2009, the Defendant was sentenced to a suspended sentence of 2 years in the year of imprisonment for the violation of the Road Traffic Act for the purpose of the violation of the Road Traffic Act, etc. at the Goyang Branch Branch of the Jung-gu District Court on January 22, 2009, and a fine of 5 million won in the case of the violation of the Road Traffic Act for the purpose of the violation of the Road Traffic Act (driving) at the Goyang Branch of

On August 19, 2016, at around 04:37, the Defendant driven a motor bicycle with approximately 200 meters away from the front road of Mangdong-gu, Mangsan-si to the front road of "GS25" in the same GS25, while under the influence of alcohol content of about 0.171%, while driving a motor bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstances report of a drinking driver and each previous criminal record as stated in each investigation report;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of criminal records);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. A suspended sentence of two years for eight months in prison with a decision of sentence (the circumstances of the crime, drinking and drinking, previous convictions and relationships, age, character and conduct, etc. of the defendant);