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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단2479
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 June 17, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court on June 17, 2008, and 1.5 million won as a fine in the same court on August 20, 2013.

On August 30, 2015, the Defendant driven B K5 vehicle under the influence of alcohol content of about 0.090% at a section of approximately 200 meters from the infinite-dong (hereinafter referred to as the “Songyang-gu”) to the roads before the identity of the 5-15 original Heung-dong (hereinafter referred to as the “Songyang-gu”), from the infinite-dong (hereinafter referred to as the “Song-dong”).

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, investigation reports, and copies of summary orders, such as criminal history;

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, while the defendant intends to start a new life with his wife, he shows his attitude to reflect the crime of 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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