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(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3173
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 July 1, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court Goyang Branch on July 1, 2013, and KRW 2 million for the same crime at the same court on March 16, 2015.

On November 12, 2015, the Defendant driven a DNA halog car with a alcohol level of about 1km from around 0.101% under the influence of alcohol level of around 0.101% from the 1km section to the underground streets of the light underground road located in the Yan-dong, Seo-gu, Seo-gu, Seog-gu, Pan-gu, Panju City on November 21, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of inquiries about the management of the circumstances of the driver employed at the main place and the main place report;

1. Application of a reply to inquiry, such as criminal history, and summary order-making 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is high, the record of punishment for drinking alcohol or the time gap between the immediately preceding detection day is short, and the potential risk of drinking driving is required to be punished accordingly.

However, considering the fact that the defendant shows a character against his depth, the fact that the defendant did not cause an accident, and the fact that there was no record of punishment exceeding the fine, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, such as the defendant's age, sex behavior, environment, occupation, family relationship, circumstances after the crime, and circumstances after the crime.

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