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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단3526
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 February 8, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on February 8, 201, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), etc. on September 13, 2010, respectively.

Around December 23:17, 2015, the Defendant was punished twice or more due to a violation of the Road Traffic Act (driving) and was driving BSP car under the influence of alcohol leveling 0.135% of alcohol leveling from approximately 200 meters from the front day of the restaurant called the “head-Gun house” located in the Seocheon-ri, Seocheon-gu, Seocheon-gu, Gyeonggi-do, Pakistan-si, Gyeonggi-do, to the front day of the salary classing day located in 4,00,000 PPri-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same final judgment) Acts and subordinate 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, the defendant shows the attitude that the defendant sells the car and reflects the crime of this case.

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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