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(영문) 의정부지방법원 2014.10.31 2014고단2284

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

On July 8, 2010, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act, etc. at the Jung-gu District Court, which became final and conclusive on July 16, 2010. On July 13, 2007, the Defendant issued a summary order of 2 million won for a violation of the Road Traffic Act at the Jung-gu District Court on September 15, 2007 and violated the duty of prohibition of driving at least twice under the influence of alcohol, such as the confirmation of the above summary order.

Nevertheless, at around 08:40 on June 7, 2014, the Defendant, while under the influence of alcohol of 0.095% of blood alcohol level, driven CMF5 car at approximately 5 km from the fluoral fluoral fluoral fluoral fluorg of two weeks to the front road of the No. Agricultural Cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Before judgment: References to criminal records and investigation reports (Attachment to attached records of the same kind of force, etc.);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act on the stay of execution (including the following favorable circumstances):

1. The sentencing of Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act on the grounds that the defendant continues to engage in drinking, even though he/she has been sentenced to a fine or imprisonment for the same crime, and has the risk of repeating the crime, and it is difficult to see that the defendant's blood alcohol level at the time of drinking driving of the instant case is low, it is necessary to strictly punish the defendant. On the other hand, the confession and reflect of the instant crime, the distance of drinking driving is relatively short, and traffic accidents are not caused by drinking driving of the instant case.