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(영문) 의정부지방법원 고양지원 2016.04.26 2016고단559
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2007, the Defendant received a summary order of KRW 2.5 million due to a violation of road traffic law (drinking), etc. on the grounds that the Defendant violated the Road Traffic Act (drinking), and on January 4, 2011, issued a summary order of KRW 3 million by the same court as the same crime.

On February 15, 2016, at around 14:58, the Defendant driven B truck under the influence of alcohol content of about 5 km from around 187 meters to the road in front of the fourth city of Pakistan-si, 187, Priju-si, Priju-si, Priju-si, Priju-si, Priju-si.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving and the circumstances of the driver who is placed in the main place;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Article 148-1 (1) 1 and Article 44-4 (1) of the Road Traffic Act and the choice of imprisonment with prison labor for the crime;

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. Various sentencing conditions such as the defendant's like military force, drinking volume, age, sexual behavior, environment, etc. for the reason of sentencing under Article 62-2 of the Criminal Act shall be considered.

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