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(영문) 의정부지방법원 고양지원 2016.04.08 2016고단288
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 May 14, 2012, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch Branch on May 14, 201, and on January 13, 2015, as a fine of KRW 1,50,000 as a crime

On January 28, 2016, the Defendant driven a BM420 vehicle at a distance of about 3 km from the 2km-dong in Gyeyang-gu, Seoyang-gu to the front of the new IC, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, with a alcohol concentration of 0.078% in alcohol level among blood transfusion around 22:00.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. References to inquiries, such as criminal history, and reporting of the results of confirmation before and after each disposition;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s confession, alcohol level, the record of punishment for drinking driving (two times), the time gap between the immediately preceding detection and the day of accident, the fact that there is no history of punishment exceeding the fine, and the Defendant’s age, sex, sex, environment, family relationship, details of the crime, circumstances after the crime, etc., the punishment as set forth in the order shall be determined.

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