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(영문) 의정부지방법원 2014.04.22 2014고단364

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On January 30, 2009, the defendant was sentenced to a summary order of 2.5 million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on January 30, 2009, and on September 3, 2009, the same court was sentenced to a suspended sentence of 2 months for imprisonment with prison labor for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver).

As above, the Defendant, who had been punished twice or more due to drunk driving, driven B-wing truck with the influence of alcohol content of 0.110% at the 20m section of the road around 650 0m from around January 5, 2014 to around 02:05, the Defendant driven B-wing truck with the alcohol content of 0.110%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Previous convictions indicated in judgment: Investigative report, three copies of summary order, and application of Acts and subordinate statutes governing the inquiry into criminal records;

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. Article 62 (1) of the Criminal Act;

1. The positive circumstances of sentencing under Article 62-2 of the Criminal Act: The defendant committed the crime of this case again even though he/she had been sentenced to a fine or a suspended sentence on at least two occasions due to the same kind of crime.