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(영문) 의정부지방법원 고양지원 2015.12.17 2015고단2614
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On September 16, 2008, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 16, 2008, a summary order of KRW 1.5 million with a fine of KRW 1.5 million for the same crime from the Jung-gu District Court High Court on March 30, 201, and a summary order of KRW 2 million with a fine of KRW 5 million with a district court on April 5, 2012 for the same crime.

2. On September 24, 2015, the Defendant driven a B low-speed car with approximately one kilometer from the front of the so-called “ison” road located in the Dongdong-ri, Seogu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Seoul, to the front day of the so-called “Sari” road located in the Changsan-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Seoul, with approximately 0.092% alcohol play, while under the influence of alcohol.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though the Defendant had a driving force twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous offense indicated in a report on the circumstances of running a motor vehicle;

1. An inquiry report;

1. Application of Acts and subordinate statutes to investigation reports and summary order;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. Two years of a stay of execution, etc. in the period of ten months of imprisonment with prison labor (including the motive and result of the criminal conduct, the criminal records of the criminal defendant, the criminal records of the same kind, and the facts that the criminal records

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