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(영문) 의정부지방법원 고양지원 2015.11.05 2015고단2300
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 5, 2015, at around 00:40, the Defendant driven a C straw freight vehicle from the front of the MBC Drown-gu MBC D Forest Center located in the Goyang-dong Port-dong, Soyang-si to the front road of the lake school.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Even if the reason for sentencing under Article 62-2 of the Criminal Act is long, the court shall select and punish imprisonment at once in consideration of the fact that the person has already been punished three times or more for drinking (2 million won as of October 29, 2001; 1 million won as of November 5, 2004; 2.5 million won as of February 15, 2008; 2.5 million won as of February 15, 2008; and that blood alcohol level cannot be deemed to be low; however, the court shall determine the sentence as ordered in consideration of the following: the person shall be sentenced to imprisonment at once; the person shall be sentenced to imprisonment in consideration of the circumstances leading to drinking driving; the background leading up to drinking; the place and distance of drinking driving; the Defendant’s age, character and conduct, environment; and criminal records (the last punishment is 208).

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