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(영문) 의정부지방법원 고양지원 2016.06.02 2016고단846
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

[criminal history] The Defendant was issued a summary order of KRW 1.5 million on September 26, 2008, and KRW 2 million on February 18, 2016, as a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Korean Government District Court.

[2] Although Defendant 1 had the aforementioned history of driving under the influence of alcohol twice, Defendant 2 again driven a vehicle from B Amphum at the 1km section of approximately 1km up to the arrival of the vehicle in front of the Hayang-gu, Soyang-gu, Goyang-gu, under the influence of alcohol content of 0.109% among blood transfusions on March 23, 2016.

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. Reporting on the occurrence of the case, inquiry into the results of regulating drinking driving, and reporting on the situation of drinking driving;

1. Previous convictions in judgment: A reply to inquiry about criminal history, reporting on the result of confirmation of the previous convictions and reporting on investigation (formers and confirmations) shall apply to the 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. The punishment as ordered shall be determined by taking into account the defendant's records of drinking, drinking volume, and other various sentencing conditions, such as the defendant's age, sex, environment, occupation, etc. for the reason of sentencing under Article 62-2 of the Criminal Act;

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