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(영문) 의정부지방법원 고양지원 2014.08.08 2014고단1203

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

On May 23, 2008, the Defendant was notified of a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on May 23, 2008. On August 12, 2009, the Defendant was notified of a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act at the Seoul Western District Court on August 12, 200.

On May 25, 2014, at around 02:27, the Defendant driven the B low-speed car volume while under the influence of alcohol content 0.145% in front of the LPG gas charging station, which is located in the future of the PPG gas charging station at the PPG on May 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual status of a host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports (former records and attachment reports of judgment) 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point where there are circumstances to be considered in part of the circumstances for driving);

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

1. Even though the grounds for sentencing under Article 62-2 of the Criminal Act had a record of having been punished several times as the same or similar force in the past, the crime of this case is committed again and the actual traffic accident is not good.

However, the sentence was imposed in consideration of some circumstances considering driving circumstances, there is no past history of probation, and the defendant is against the defendant.

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