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(영문) 의정부지방법원 고양지원 2016.03.30 2016고단7
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 10, 2007, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating road traffic law (driving), and two million won as a fine in the same court on May 19, 2008.

At around 14:40 on December 17, 2015, the Defendant driven a B Sspo-type car under the influence of alcohol concentration of about 0.124% in a section of about 2km from the vicinity of the raw milk station located in the day-to-day, Seoyang-gu, Yangyang-gu, Yangyang-si to the front day of the distribution store for the high-spo-gu, Seoyang-si.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes of a summary order appended to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, the defendant has maintained his livelihood in the state of the 6th degree of delayed disability caused by industrial disaster, and shows his attitude against this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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