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(영문) 의정부지방법원 고양지원 2015.10.29 2015고단1948
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 became final and conclusive.

Reasons

Punishment of the crime

On April 15, 2008, the Defendant issued a summary order of KRW 1.0 million as a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on April 15, 2008, and on September 26, 2014 by the same court, for a violation of the Road Traffic Act (driving).

On July 15, 2015, on July 20:38, 2015, the Defendant driven a motor vehicle with CW in the state of alcohol alcohol 0.110% at a section of approximately 1.5km from the front day of the restaurant "Sacheon-gu, Seocheon-gu, Youngcheon-si, to the front day of the entrance distance in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record of a report on detection of drivers and the report on request for appraisal;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether the sentencing criteria are applied: Offenses for which the sentencing criteria are not set small and the sentencing criteria are not set.

3. Two years of a stay of execution for six months of imprisonment with prison labor for a decision of sentence (the details of a stay of execution, drinking or drinking, criminal records of the same kind, family to support the accused and economically difficult circumstances, and other factors such as the age, character and conduct, etc. of the accused);

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