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(영문) 의정부지방법원 고양지원 2016.06.24 2016고단958

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 March 10, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Incheon District Court, and KRW 3 million for a crime of violation of road traffic law at the Seoul Southern District Court on October 30, 2007.

On March 11, 2016, between around 19:10 to 19:30, the Defendant driven Bone Star Co., Ltd., while under the influence of alcohol concentration of 0.132% during blood, at approximately 38 kilometers from the front of the mar-si cafeteria to the marsan-dong Seoul Metropolitan City Mansan-dong parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as 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 (two times), the gap between time and the day of the immediately preceding detection, the fact that there is no history of punishment exceeding the fine, and the fact that there is no history 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 ordered by the Disposition.