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(영문) 의정부지방법원 2014.07.04 2014고단1364

도로교통법위반(음주운전)

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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 March 30, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 30, 201, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on June 16, 201.

On April 8, 2014, the Defendant, while under the influence of alcohol of 0.111% of blood alcohol concentration, driven a vehicle of 200 meters at approximately 20 meters from the day before the restaurant in the Goamamamam-dong Gam-dong Gam-dong Gam-dong from the day before the same Jeju Gam-dong Gam-dong complex overlaps to the front of the same Gam-dong Gam-dong complex.

As a result, the defendant was punished as a drinking driving more than twice, and 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. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the punishment of a fine in addition to the punishment of a fine due to gambling and drunk driving after 1988) (the punishment of a fine in addition to the punishment due to gambling and drunk driving), the punishment of a fine is not in excess of the fine, the previous and three times of drunk driving in 208 and 201, the crime

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;