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(영문) 의정부지방법원 2016.08.11 2016고단1334
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 13, 2009, the Defendant received a summary order of KRW 1,500,000,000 from the Seoul East District Court to a fine for a violation of road traffic laws, and on November 4, 2010 to a fine of KRW 1,50,000,000 for a violation of road traffic laws.

【Criminal facts constituting the Defendant: (a) around October 22, 2014, around 21:39, the Defendant driven BNF car at approximately 50 meters away from the 50-meter section of blood alcohol level to the front road of the 1922-ro, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-do., Seoyang-do., Seoyang-do., Seoyang-do. to the front road of the 1922-ro, Seoyang-do.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (reports attached to the previous summary order).

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 in Article 62-2 of the Criminal Act is a convenient means of transportation. However, given that the dangerous articles may be probred by a dangerous weapon, a person operating an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.

However, there is no record of punishment exceeding the fine due to the same kind of crime, and the defendant's age, sex, environment, motive of crime and motive of crime.

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