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(영문) 의정부지방법원 고양지원 2016.04.07 2015고단3745
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 2.5 million on March 24, 2010 for a violation of the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 24, 2010, and on February 21, 2013, the Incheon District Court issued a summary order of KRW 5 million for the same crime, and there are more seven times traffic-related criminal records.

[2] On November 30, 2015, the Defendant driven a C rocketing car under the influence of alcohol content of 0.189% at the 0.18% on the ground of the underground vehicular road located in the Samyang-dong, Seoyang-gu, Seoyang-gu, Seoyang-dong from around the 216-5-dong of the same Gu to the identity in front of the underground vehicular road. The gist of the evidence is that the Defendant driven a C rocketing car under the influence of alcohol content of blood.

1. Statement by the defendant in court;

1. Each previous record of the report on detection of the driver involved and the written appraisal;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

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

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

3. Two years of a stay of execution, etc. for one year of imprisonment with prison labor for a decision of sentence (including the previous conviction and relationship between the same criminal records, the numerical value of drinking, the circumstances of drinking, the age of the accused, sexual behavior, home environment, etc.

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