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(영문) 의정부지방법원 2013.11.05 2013고단3329

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 of the final judgment.

Reasons

Punishment of the crime

On January 23, 2009, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 20,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 29, 201, and on March 29, 2012, the same court issued a summary order of KRW 3 million with the same crime. On September 21, 2013, the Defendant driving a cargo vehicle with a gallon in the section of approximately 1 km from the front of the long-distance long-distance in the front of the same Sincheon-si Line to the road in front of the same Sincheon-si Road from the Do to the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries into the results of the drinking driving control (A);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on criminal records and binding of judgment of a suspect) and 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);

1. Although there is room for a strict punishment on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, in light of the fact that the defendant made a confession and did not repeat the case, and that there is no record of punishment exceeding the fine due to drinking driving, etc., the defendant shall be sentenced to the same punishment as the order, considering the fact that the defendant has been sentenced to the punishment under Article 62-2(1) of the Criminal Act and Article 59 of the