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(영문) 의정부지방법원 고양지원 2016.06.23 2016고단550
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 June 17, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), KRW 1.5 million for the same crime in the same court on September 10, 2009, and the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on June 15, 2012.

Nevertheless, on February 4, 2016, the Defendant driven C Poter truck at approximately 74-8 meters of the front road 74-8, Goyang-si, Goyang-si, Goyang-si, U.S. under the influence of alcohol content 0.159% during blood transfusion around 00:01.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous offense in holding a report on detection of the driver at home and a report on the circumstances of the driver at home;

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. 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 one year and three years;

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. A suspended sentence of two years, etc. for one year (the details and details of the crime, such as the relationship with an acting engineer, the background and degree of regulation, drinking volume, the family members to support the accused, previous convictions and relationships with the accused, age, sexual behavior, etc.);

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