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(영문) 의정부지방법원 고양지원 2016.05.12 2016고단186
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[Power of crime] On March 7, 2003, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on March 7, 2003, and on November 29, 2006, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jungyang Branch Branch of the Jung-gu District Court on November 29, 2006. On March 14, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving) at the Seoyang Branch Branch of the Seoul Western District Court on August 8, 2012, and was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving).

[2] On January 17, 2016, the Defendant: (a) around 11:04, while under the influence of 0.084% from the 15km section to the road front of the Sindong-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, in order to drive a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous offense indicated in the principal driver's circumstantial report;

1. Written inquiry about criminal history, etc.;

1. Reporting on the results of confirmation of the previous convictions of each disposition;

1. Application of each summary order Acts and subordinate statutes;

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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses for which the sentencing criteria are not set small and the sentencing criteria are not set.

3. Two years of stay of execution, etc. in eight months of imprisonment with prison labor for a decision of sentence (the circumstances and results of the crime, the same criminal records as the judgment, the fact that the defendant has no criminal records nor any other criminal records of stay of execution, the fact that the defendant repents the criminal records, the age of the defendant, and

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