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(영문) 의정부지방법원 고양지원 2016.06.23 2015고단3078
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 3, 2009, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act at the Seoul Central District Court on July 3, 2009, and a fine of KRW 2.5 million as a crime of violating the Road Traffic Act in the same court on December 2, 2009.

Defendant was punished twice or more due to such a violation of the Road Traffic Act (drinking) and driven a B-A-di vehicle under the influence of alcohol concentration of approximately 0.078% in the section of about 200 meters from the front day of the head of the Dong-gu, U.S., U.S. to the front day of the middle school located in the same Dong-dong, U.S. on September 26, 2015, where the trade name in the Dong-gu, U.S., U.S. is unknown at around 23:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous offense in holding a report on detection of the driver involved;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

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. Sentencing prescribed in Article 62(1) of the Criminal Act;

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

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

3. Two years of stay of execution for a year of imprisonment with prison labor for a decision of sentence (the details and result of the crime, drinking volume, the same criminal record and relationship with a person under suspension of execution, and other factors such as the age, sex, etc. of the defendant);

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