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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1487
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 January 29, 2007, the Defendant issued a summary order of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on January 29, 2007, and a fine of KRW 3 million for the same crime at the Seoul Western District Court on January 28, 2013, and on other occasions, the same kind of power is more than once.

On June 4, 2016, 200:23, the Defendant driven a BM520 vehicle under the influence of alcohol level of about 500 meters from the 500-meter section to the cat ecological disturbance of the ancient city located at the same jurisdiction rate.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and 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 confession of the accused, the degree of alcohol content, the record of punishment for drinking driving (three times), the temporal gap between the immediately preceding detection and the day of accident, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of punishment exceeding the fine, the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, etc., the punishment shall be determined as per the order.

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