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(영문) 의정부지방법원 고양지원 2014.11.06 2014고단1861

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (driving on February 5, 2009) in the Goyang Branch of the Jung-gu District Court on February 5, 2009, and the defendant was issued a summary order of a fine of four million won for the same crime in the same court on May 30, 2007, and was in violation of Article 44 (1) of the Road Traffic Act on more than two occasions.

【Criminal Facts】

On August 15, 2014, around 00:26, the Defendant driven CK5 vehicle under the influence of alcohol content of about 0.148% from the 3km section to the Defendant’s house located in the same Gu from the window in front of the window by cross-fluoric fluoric fluoric fluoric fluoric fluorc fluorc fluorc fluorc fluorc f

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of Acts and subordinate statutes, such as a statement of criminal records, inquiry report (a), investigation report (Attachment of criminal records before and after sound driving), high aid 208 high aid and a copy of judgment 2101, etc.;

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. Probation and community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., a defendant was punished for drunk driving three times in the past. In particular, in 209, the punishment as ordered shall be determined by taking into consideration the following: (a) the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (b) the violation of the Road Traffic Accidents Act; (c) the violation of the Road Traffic Act; (d) the violation of the Road Traffic Act; (d) the violation of the Road Traffic Act; (e) the violation of the Road Traffic Act; (e) the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (e) the defendant is led to high drinking;