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(영문) 의정부지방법원 고양지원 2016.01.14 2015고단3121
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

[criminal history] On May 30, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking) at the Seoul Western District Court on May 30, 2007, and a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking) at the Suwon District Court on December 14, 2009.

[2] Although the Defendant had been punished twice or more as above, the Defendant driven B Sp-type vehicles with alcohol concentration of 0.142% on the front side of the 8th T-ray 15 October 2015, 2015, only one light, which is the same as that of the blood, around 22:48 on the street.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on detection of drivers engaged in driving and the results of crackdown on drinking driving;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);

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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished by imprisonment with prison labor at once taking into account the criminal records, such as the defendant's drinking and previous conviction, and the degree and place of alcohol during blood, the distance and place of drinking, the circumstances leading to driving under drinking, and other circumstances leading to the defendant's age, sex, environment, family relationship, etc. shall be determined as ordered by the order;

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