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(영문) 의정부지방법원 고양지원 2016.02.12 2015고단3452
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 December 31, 2008, the Defendant was issued a summary order of a fine of one million won on the grounds of a violation of the Road Traffic Act at the Jung-gu District Court on December 31, 2008, and a fine of two million won on May 22, 2013 with the same crime at the Suwon-gu District Court on May 22, 201.

On November 9, 2015, the Defendant driven B-low-income motor vehicle under the influence of alcohol leveling of about 0.086% in a section of approximately 700 meters from the shooting distance in Kimpo-si, Kimpo-si to the front road in the same Sinpo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Application of written inquiries, such as criminal history, and written requests for summary instructions under Part III 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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s reflectivity, alcohol level, the fact that there was no accident, the record of the crime stated in the holding, the circumstances and contents of the crime, the age of the Defendant, sexual conduct, environment, occupation and income, family relationship, etc., the punishment as ordered shall be determined by comprehensively taking into account all the following factors:

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