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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단2766
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2008, the Defendant received a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 6 million for the same crime from the Jung-gu District Court Goyang Branch on December 3, 2012.

On September 30, 2015, at around 09:15, the Defendant driven a Boper car under the influence of alcohol content of about 2 km from around 09:25 to around 09:25 on the roads located in the Gulam-si in the Gulam-dong of the same city on the same day, with alcohol content of about 0.078% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (report on confirmation of criminal records of the same kind of crime as the suspect), application of the summary order-related statutes;

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. 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 under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant was driving at once, even though he had the ability to drive drinking alcohol twice.

그러나 피고인이 명절에 전날 마신 술이 다 깼다고

In mind, it was discovered while driving, and the attitude to reflect the crime of this case is shown.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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