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(영문) 의정부지방법원 2016.04.08 2015고단3421
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

On December 30, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving), and a summary order of KRW 4,50,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on December 9, 2013.

On August 5, 2015, the Defendant driven Cpoter vehicle under the influence of alcohol with about 0.151% of alcohol concentration from a section of about 5 km-ro, Namyang-si, Namyang-si, the Cpoter vehicle from the front day of the construction of the light in the Namyang-si, the Namyang-si, the Namyang-do, to the front day of the 428 km-ro, Namyang-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drinking alcohol, report on the circumstances of driving alcohol, inquiry of the results of crackdown on driving alcohol, and statement of the circumstances of the driver making a alcohol, respectively;

1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire about criminal history data;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend: The defendant has been subject to two times of punishment due to drinking, circumstances that are favorable to the fact that the defendant has a high amount of alcohol concentration in blood: The defendant's mistake is divided and reflected, the fact that the defendant has no criminal record of suspension of execution or higher, the defendant's age, sex behavior, environment, motive for the crime, circumstances after the crime, etc. are considered and all of the sentencing conditions specified in the arguments shall be determined as ordered.

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