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(영문) 의정부지방법원 고양지원 2016.04.15 2016고단255
도로교통법위반(음주운전)등
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 March 7, 2012, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch Branch on March 7, 2012, and KRW 1,50,000 as a fine at the Incheon District Court’s District Court on November 5, 2012.

1. Although Defendant 1 had driven a motor vehicle under the influence of alcohol on two occasions as above, Defendant 1 driven a BV-type motor vehicle at the section of approximately 500 meters from the 1160-day, Goyang-si to the center of Goyang-si, the center of the 1160-day, Goyang-si, the center of the 1206-day, while under the influence of alcohol at 04:04,00 on December 16, 2015.

2. At around 04:30 on the same day, the Defendant: (a) while driving the said vehicle on the left-hand distance prior to the day of the department store of New Zealand; (b) stopped the said vehicle on the left-hand left-hand turn; and (c) demanded a drinking measurement by the police officer D belonging to the Hansan Police Station C District D, which called the said vehicle after receiving a report from 112; and (d) obstructed D’s legitimate performance of duties on traffic control, etc. by pushing the two hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement;

1. Notification of the results of regulating driving of drinking alcohol, reporting on the situation of driving of drinking alcohol, and investigation report (Evidence No. 11, 13 of the certificate);

1. On-site photographs;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 in Article 62-2 of the Criminal Act is the confession and reflectivity of the accused, the degree of alcohol volume, the history of punishing drinking drivers (three times a punishment penalty) and immediately before the order is issued.

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