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(영문) 의정부지방법원 2014.09.02 2014고단2182

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 8, 2011, the Defendant, at the Seoul Northern District Court, sentenced six months of imprisonment for fraud, and on September 23, 201, the same court sentenced one year to imprisonment for an attempted exercise of forged securities, and completed the execution of each of the above punishment on September 14, 2012. On March 24, 2009, the Defendant was sentenced to a fine of two hundred and five hundred million won for a violation of the Road Traffic Act, at the Jungbu District Court on March 24, 2009, and on October 1, 201, to four months of imprisonment for the same offense at the same court.

On June 9, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven B-hand cars from approximately 12 km to the 2102-10 km-do Gyeongdo-ro, Yangyang-do-ro, Yangyang-do-si, under the influence of alcohol with a blood alcohol concentration of 0.086% around 20:50 on June 9, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports, and personal confinement/taking status;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007)