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(영문) 의정부지방법원 고양지원 2016.12.09 2016고단2828
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 28, 2012, the Defendant issued a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on August 19, 2015, from the Incheon District Court’s Vice Branch Branch, to a fine of KRW 2 million for the same crime.

On September 10, 2016, at around 22:34, the Defendant driven a car in the column B from the front day of the main line in the mutual unrest in the vicinity of the Goyang-gu U.S. Seoyang-si, Seoyang-si, to the front day of the notice of the bus in the U.S. Seoyang-gu, Seoyang-si, Seoyang-si, the Defendant was under the influence of alcohol of 0.056% of alcohol

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, but driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. In full view of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the confession of the accused; (c) the degree of alcohol alcohol level; (d) the record of punishment for drunk driving (two times); (c) the time gap between the immediately preceding detection date; and (d) there is no history of punishment exceeding the fine; and (d) there is no history of punishment exceeding the fine; and (e) the sentencing conditions, such as the age and sex, character and conduct, environment, occupation and experience

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