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(영문) 의정부지방법원 2014.12.11 2014고단3160

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 of the final judgment.

Reasons

Punishment of the crime

On November 9, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 9, 2006, and a fine of one million won for a violation of the Road Traffic Act (driving on November 25, 2008) at the Jung-gu District Court on November 25, 2008.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a chip car under the influence of alcohol content 0.252% of the blood alcohol content at the Seo-gu parking lot located on August 9, 2014, which was around 02:20 U.S. and 0.252% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a circumstantial report on a drinking driver and a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant shows his/her attitude to repent in depth with his/her mistake and that he/she has no record of punishment exceeding a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to order to attend a lecture [in addition, an order to attend a compliance driving lecture shall be imposed to prevent recidivism, considering the fact that there exists a record of punishment for the same crime as the defendant stated in the judgment];