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(영문) 의정부지방법원 2015.05.29 2015고단637

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 19, 2014, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 19, 201, and on April 16, 2013, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by being sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act at the Jung-gu District Court on April 16, 2013.

On November 21, 2014, the Defendant was under the influence of alcohol of 0.108% with blood alcohol concentration at around 20:00, and was driving Benz automobiles at approximately approximately KRW 100 meters from the roads near the trade name, “house of dubing” located in Songpa-gu Seoul Metropolitan City, Songpa-gu, to the BMWel parking lot located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same summary order);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The case of re-offending the accused with the reasons for sentencing in the proviso to Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act is the case.

However, in consideration of the fact that the defendant has no record of being punished more than a suspended sentence, and the driving distance of this case is not long, the punishment is determined as ordered.