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(영문) 의정부지방법원 고양지원 2016.01.22 2015고단3098
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 November 21, 2005, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (refluence of drinking), which was sentenced by the same court on November 8, 2007, for a crime of violation of road traffic law (refluence of drinking), as a fine of KRW 1 million, and a fine of KRW 2 million for the same crime at the Seoul Central District Court on August 10, 2009.

On October 13, 2015, the Defendant driven a motor vehicle under the influence of alcohol not less than twice as seen above, and driven a BCo-car under the influence of alcohol level of about 0.091% in the section of about 10 kilometers of alcohol level on the front of the building site in Mapo-gu Seoul Mapo-gu, Seoyang-gu, Seoul, for about 10 kilometers before the building site.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of written inquiries, such as criminal history, and written requests for summary instructions under Part III Acts and subordinate statutes;

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, comprehensively taking into account all the sentencing conditions, including the Defendant’s age, sex, environment, occupation, family relationship, and circumstances after the crime, including the Defendant’s reflection, alcohol level, time gap between the date of the immediately preceding detection, traffic punishment records (five times) and traffic punishment records (five times), the circumstances and contents of the crime, etc., the sentence is determined as ordered.

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