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(영문) 의정부지방법원 2016.04.20 2016고단438
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2014, the Defendant received a summary order of KRW 1 million from a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on June 23, 2015 due to a crime of violation of the Road Traffic Act (driving under drinking), respectively.

On January 13, 2014, while under the influence of alcohol on March 9, 2015, the Defendant was driving a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On February 7, 2016, the Defendant was driving a B options car under the influence of alcohol level of 0.092% while under the influence of alcohol level of 0.092%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written inquiry, a report on investigation (Attachment to the same previous conviction and the summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The reason is that the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc. under each subparagraph of Article 51 of the Criminal Act, etc. are more likely to be taken into account in light of the following circumstances: the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and other factors of sentencing under each subparagraph of Article 51 of the Criminal Act, such as the circumstance after the crime, etc.

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