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(영문) 의정부지방법원 고양지원 2016.03.11 2016고단6
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On September 18, 2006, the Defendant issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on September 18, 2006 and KRW 1.5 million as a fine in the same court on September 26, 2008.

On December 16, 2015, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.144% from approximately 100 meters to the front of the mutually infinite restaurant located in Gyeyang-gu, Seoyang-gu, Seoyang-gu to the front of the cafeteria referred to in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal history, and the application of two summary orders under Acts and subordinate statutes;

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 to mitigate small amount;

1. According to the reasoning of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the Defendant’s reflectivity, alcohol volume, the degree of not causing an accident, the record of punishment for drunk driving (two times), the time gap between the immediately preceding detection day, and there is no history of punishment exceeding the fine, and the Defendant’s age, sexual behavior, environment, occupation and experience, family relationship, motive and circumstance of the crime, details of the crime, and all other factors of sentencing including circumstances after the crime are considered as a whole, and the sentence is determined as ordered.

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