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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단830
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 March 31, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on March 31, 2009, and on December 15, 201, a summary order of KRW 3 million for the same crime in the Jungyang Branch of the District Court on December 15, 201.

Nevertheless, around 00:06 on March 11, 2016, the Defendant driven a b bargaining car under the influence of alcohol concentration of approximately 0.081% from the 2km section from the 1042-ro, Dong-gu, U.S. to the 1042-ro, U.S. in front of the 318-ro, U.S. in the same direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous offense indicated in the principal driver's circumstantial report;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect history);

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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

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

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. The period of a stay of execution of two years for six months after the sentence is sentenced (the details and figures of the crime and drinking, previous convictions and relationships for the same kind of crime, age of the accused, sex behavior and family relationship, etc. to be supported);

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