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(영문) 의정부지방법원 고양지원 2015.11.26 2015고단2381
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[Attachment] On August 25, 2008, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on August 25, 2008, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the same court on January 25, 201.

【Criminal Facts】

On August 20, 2015, at around 23:55 on August 20, 2015, the Defendant driven a ecoo vehicle B while under the influence of alcohol by 0.11% in a section of approximately 1.5km from the street in front of ELDflas to the street in front of the Sinan-Eup in the Sinan-Eup of Pakistan.

Summary of Evidence

1. Defendant's legal statement;

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

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (report attached to attached judgments of the same kind of power);

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

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

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 stay of execution for a year of imprisonment with prison labor for a decision of sentence (the previous convictions and other criminal records of the defendant, the circumstances leading to the crime, the degree of drinking, the fact that the defendant repents the errors, the age and character of the defendant, etc.);

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