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(영문) 의정부지방법원 고양지원 2015.06.16 2015고단420

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

[criminal record] On September 15, 201, the Defendant was sentenced to a summary order of 2.5 million won for the crime of violating the Road Traffic Act at the Seoul Western District Court on September 15, 201, and on December 10, 2008, in the same court on December 10, 2008, a fine of 1 million won for the crime of violating the Road Traffic Act is sentenced, and the same kind of criminal records are added once.

【Criminal Facts】

On January 24, 2015, at around 23:01, the Defendant driven a B-hand car with approximately 800 meters alcohol concentration of 0.145% while under the influence of alcohol on the front of the Geum-dong Medical Center, Geum-dong Medical Center at the time of the same Geum-dong Medical Center.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of running a driving school;

1. Previous convictions in judgment: The application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, in consideration of the defendant's previous conviction (the latest ten years, one of which is within five years) and blood alcohol concentration (0.145% somewhat high), etc., but the distance and place of a drunk driving, the background leading up to a drunk driving, the age, character and behavior, environment, motive, means, consequence, etc. of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the order;