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(영문) 의정부지방법원 고양지원 2015.02.27 2014고단2921

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 November 8, 2007, the Defendant issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on November 8, 2007, and on June 15, 2010, issued a summary order of 1.5 million won of a fine to the same crime in the same court.

On November 15, 2014, around 00:14, the Defendant driven a Cchip car with approximately KRW 1k alcohol content 0.159% under the influence of alcohol from the section of about 1k-m to the front road of Samsung F&D, which is located in Samsung F&D-dong, Samsung F&D-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other 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. It is highly necessary to impose severe punishment in light of the fact that the sentence of Article 62-2 of the Criminal Act, despite the majority of the forces similar to the same kind of reasons for sentencing, leads to the crime, and the blood alcohol concentration is high.

However, the defendant does not repeat the crime while selling the vehicle, and the execution of the vehicle is suspended at once in consideration of the defendant's family relationship, economic situation, etc.

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