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(영문) 의정부지방법원 고양지원 2015.07.08 2015고단1256

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

Punishment of the crime

[criminal power] On May 19, 2008, the Defendant was sentenced to a fine of one million won as a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on the same day, and five million won by the same court on October 12, 2009 as the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

【Criminal Facts】

At around 21:00 on March 21, 2015, the Defendant driven a car under the influence of alcohol leveling 0.063%, with approximately 5 km around the road in front of the Cheongju-dong Cheongju-dong Cheongju-dong, Chungcheongnam-dong in front of the North Korean movable.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the majority of the past records of the same kind of punishment, requires a strict punishment in light of the fact that the instant crime was committed.

However, the execution of the instant blood alcohol concentration is not very high, but is to be postponed only once in consideration of the circumstances in which the Defendant would not repeat the crime.

It is so decided as per Disposition for the above reasons.