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(영문) 의정부지방법원 고양지원 2015.11.10 2015고단2728

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 28, 2008, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on November 28, 2008, and on December 19, 2008, a fine of KRW 2 million was issued by the same court as the same crime.

On October 6, 2015, at around 22:15, the Defendant driven a B-pin car in the state of alcohol alcohol concentration of about 0.095% from the road located in the Dobong-gu Seoul Metropolitan Government, Priju to the front day of the household, which is about 200 meters from the road in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Discretionary mitigation: Articles 53 and 55(1)3 (see the following reasons for sentencing) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (see, e.g., Reasons for sentencing);

1. Order to attend a lecture: The defendant, for the reason of sentencing Article 62-2 of the Criminal Act, has already been sentenced three times or more due to drinking driving, and again, he/she is in need of a strict punishment corresponding thereto.

However, in consideration of the fact that the defendant repents his mistake, and the fact that there is no other criminal records other than the drinking driving three times, the punishment shall be determined to suspend the execution of imprisonment as above without prison labor.