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(영문) 의정부지방법원 고양지원 2016.05.25 2016고단857
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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] On December 19, 2006, the Defendant was issued a summary order of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking on drinking), and a fine of KRW 3 million for the same crime in the same court on March 10, 2010, respectively.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking) as stated in the above crime record, Defendant 2 driven a BS-type car under the influence of alcohol content 0.179% at the distance of approximately 150 meters from the front day of the gold village sports park parking lot located in the Geum-dong-dong-dong-si, Sim-si on April 1, 2016 to the front day of the same day, around 22:05, at around 150 meters from the front day.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and a summary order accompanied by investigation status;

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. 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving under drinking more than twice, was driving under the influence of drinking at the same time without any special reason.

However, the defendant shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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