(영문) 의정부지방법원 고양지원 2015.10.06 2015고단2026

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2015.10.06 2015고단2026

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

[criminal record] The defendant was sentenced to a summary order of KRW 700,000 as a crime of violating the Road Traffic Act in the Goyang Branch of the Jung-gu District Court on September 13, 2007, and on July 2, 2010, the same court was sentenced to a fine of KRW 2.5 million as a crime of violating the Road Traffic Act in the same court on July 2, 2010, and was punished for drinking driving two times.

[Criminal Facts] Around July 26, 2015, the Defendant driven Bone Star vehicle under the influence of alcohol content of about 0.102% at a section of about 300 meters from the end of the city of Pakistan to the end of the road of the same Eup from the end of the city of Pakistan to the end of the road of the same Eup.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: The application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The punishment of a defendant for sentencing under Article 62-2 of the Criminal Act shall be imposed by selecting imprisonment at once, taking into consideration his/her previous offense of drinking alcohol (the punishment of a fine not exceeding the preceding ten years) and blood alcohol concentration, etc.; however, the distance and place of drinking alcohol; the circumstances in which drinking alcohol is driven; his/her age, character and conduct, family relation, environment, motive, means and consequence of the crime; and other punishment as ordered shall be determined in consideration of the defendant's age, character and conduct

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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