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(영문) 의정부지방법원 고양지원 2016.05.27 2016고단686
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 March 21, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) at the Goyang Branch of the Jung-gu District Court on March 21, 2007 and KRW 2 million as a fine in the same court on August 10, 2009.

On February 20, 2016, the Defendant driven a vehicle B under the influence of alcohol leveling of about 500 meters from the 500-meter radius to the road in front of the same Gu dong-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to 22:20,000, and drive a vehicle.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol and a report on the detection of a primary driver from among blood;

1. Application of a reply to inquiry, a summary order, and the 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. 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 confession of the accused, the degree of alcohol content, the record of punishment for drinking driving (two times), the gap between time and the day of the immediately preceding detection, the fact that there is no history of punishment exceeding the fine, and the fact that there is no history of punishment exceeding the fine, the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime, etc., the punishment shall be determined as ordered by the Disposition.

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