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(영문) 의정부지방법원 고양지원 2016.07.13 2016고단1488
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 August 17, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 4.5 million for the same crime in the same court on October 8, 2014, respectively.

On June 6, 2016, at around 10:50, the Defendant driven BM5 car under the influence of alcohol content of approximately 0.092% from the 1.5km section to the Dong intersection in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (report on confirmation of criminal records of the same kind of crime as the suspect), application of the summary order-related 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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a record of driving drinking twice, was driving at once without any special reason.

However, it is reasonable to consider the defendant's attitude to reflect.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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