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(영문) 의정부지방법원 고양지원 2016.06.17 2016고단935
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 April 18, 201, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on April 18, 201, and KRW 5 million for the same crime on December 15, 201.

On April 10, 2016, the Defendant driven B automobiles under the influence of alcohol level of about 0.090% from the 500m section of alcohol level to the roads in front of the household complex located in the Yaju-si, Paridong, Pariju, Pari-si, Pari, Pari-si, Pari-si, Pari-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, report on the circumstances of the driver driving a drinking, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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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