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(영문) 의정부지방법원 고양지원 2016.01.14 2015고단3090
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 31, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving), and on December 13, 2007, the same court issued a summary order of KRW 3.5 million for a crime of violating road traffic law (drinking driving), and on December 13, 2007, and has violated Article 44(1) of the Road Traffic Act at least twice.

On September 19, 2015, the Defendant driven a car of about 10m from the 205 Hayang-gu Goyang-gu Seoul apartment site with a alcohol level of 0.175% under the influence of alcohol during the blood transfusion around 00:20 on September 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Records of judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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. Articles 53 and 55(1)3 of the Criminal Act (see the following grounds for sentencing) of the mitigated amount

1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture in this case, even though the defendant had a history of driving under drinking or drinking, including the driving under the criminal records stated in the judgment, and again, it is necessary to make a strict punishment.

However, in consideration of the fact that the defendant repents his mistake, the driving power of drinking is relatively long time, and the fact that the substitute driver seems to have driven a vehicle at the apartment parking lot in which the defendant resides, not from the beginning, but from the beginning, he can be seen to have driven a drinking, the execution of imprisonment shall be suspended as above.

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