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(영문) 의정부지방법원 고양지원 2014.12.30 2014고단2134

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

[criminal power] On September 20, 2012, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Seoul Southern District Court on September 20, 2012, and a summary order of KRW 2 million for the same crime in the Jungyang Branch of the Government District Court on April 25, 2014.

【Criminal Facts】

On July 22, 2014, at around 02:10, the Defendant driven B Benz’s car with a blood alcohol content of about 0.101% from the front parking lot of Seocho-gu Seoul Metropolitan Government Seocho-gu to the front road of 1st century apartment in the same Gu distribution dong.

Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in its judgment: Criminal history records, confirmation of the same kind of power, and attachment of a summary order, summary order No. 2012 high-level and high-level assistance No. 2013694 of Seoul Southern District Act, and summary order No. 1587 of high-level assistance 2014 shall apply;

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. The sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered by the court in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and other factors;