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(영문) 의정부지방법원 2016.09.23 2016고단1408
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 13, 2010, the Defendant was sentenced to a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act (drinking driving), a summary order of KRW 1.5 million to a fine for the same crime in the same court on April 9, 2013, and a summary order of KRW 7 million to a fine in the same court on June 4, 2013, on two or more occasions, by issuing a summary order of KRW 7 million to a fine in the same court on the same crime.

On April 2, 2016, around 09:25, the Defendant driven a Category C car under the influence of alcohol leveling 0.073% from approximately 2 km section to the front road of the entrance of the Seo-west and underground roadway located in the 81st city citizens from the front of the building B at Jung-si, the Government-si, the city of the Republic of Korea, to the front road of the entrance of the Seo-west and underground roadway in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Request for appraisal, reply to request for appraisal, and inquiry about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The circumstances favorable to the fact that the defendant was punished three times for the same criminal records for the same offense: The defendant's recognition of the instant crime, the fact that there is no record of punishment exceeding the fine, and the defendant's age, sexual conduct, environment, motive for the crime, and circumstances before and after the crime, etc. shall be determined as the order by taking into account various sentencing conditions as shown in the instant pleadings, such as the defendant's age, sexual behavior, environment, motive for the crime, and circumstances before and after the crime;

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