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(영문) 의정부지방법원 고양지원 2015.12.03 2015고단1983
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 June 17, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, KRW 4 million as a fine for a violation of the Road Traffic Act (driving on September 10, 2009), and KRW 5 million as a fine for a violation of the Road Traffic Act (driving on October 25, 2012) by the same court in the same court.

On July 26, 2015, at around 20:30, the Defendant driven B rocketing car under the influence of alcohol content of approximately 500 meters from the front of the Saundong apartment road in Yongsan-gu, Seoul Metropolitan City to the front of the Handong-gu, Seoul Metropolitan City to the lower end of the same Eup/Myeon under the influence of alcohol content of approximately 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record of the judgment made on the circumstantial report of a drinking driver and the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order of the same attached power);

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. The period of a stay of execution of two years for six months after the sentence is sentenced (the circumstances leading to the driving of a motor vehicle, drinking alcohol, criminal records of the same kind, criminal records of a stay of execution or more, the fact that the person does not have any criminal records of a stay of execution or more, the age and character of

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