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(영문) 의정부지방법원 2014.04.17 2014고단71

도로교통법위반(음주운전)

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

Criminal facts

On September 21, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court, and a summary order of KRW 2.5 million as a fine in the said crime in the leisure branch of Suwon District Court on July 25, 2008.

On December 20, 2013, the Defendant, as a person who had been punished twice due to a violation of the Road Traffic Act (driving) and was driving a Cone Star Corel under the influence of 0.199% of the blood alcohol concentration at the section of about 20km from the roads in front of the two parallels of Gyeonggi-gu, Yangyang-gun, Yangyang-si, the two parallels of Gyeonggi-do around December 20, 2013 to the roads in front of the flow bridge in front of the same military horizontal ebbbbridge.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the confirmation of the same criminal records) and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The positive circumstances for sentencing under Article 62-2 of the Criminal Act: The Defendant again committed the instant crime even though he/she had been punished by a fine for the same kind of crime on at least two occasions, including the fact that he/she had shown an attitude to mislead and reflect the Defendant’s wrongness;