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(영문) 의정부지방법원 고양지원 2015.02.12 2014고단2720

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 17, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 17, 2007, and on December 9, 2010, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 1, 2014, at around 02:35, the Defendant driven a Cdecent car with approximately 10km alcohol concentration of about 0.211% from the 10km section to the roads in front of the 274 in the Gyeonggi-si in the Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (applicable to judgments, etc. on the same type of power);

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. For the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act, the punishment as ordered shall be determined by taking into consideration the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.;