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(영문) 의정부지방법원 고양지원 2016.04.05 2016고단199
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 November 8, 2007, the defendant was issued a summary order of a fine of two million won for a crime of violating road traffic laws (drinking driving) in Gyeyang Branch of the Jung-gu District Court on November 8, 2007, and on October 15, 2013, the same court issued a summary order of 2.5 million won for a crime of violating road traffic laws (drinking driving).

On January 14, 2016, the Defendant driven a Grand City under the influence of alcohol of approximately 0.072% from the 1km section to the lower roads of tindo, where around 15:01, the Defendant was under the influence of alcohol at approximately 0.072% from the 1km section to the roads adjacent to the Geum-dong industrial company in the Geum-dong, Geum-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of inquiries into the management of the master report;

1. A written inquiry about the results of regulating drinking driving;

1. (A) a statement of inquiry about criminal history, reporting on the results of confirmation of the previous conviction of each disposition, and application of a summary order of one summary order;

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. According to Article 62-2(1) of the Criminal Act, the punishment as ordered shall be determined by taking into account various sentencing conditions, including the defendant’s like records, drinking volume, and circumstances after the crime, such as the defendant’s age, age, sexual behavior, environment, etc.

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