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(영문) 의정부지방법원 2013.08.20 2013고단2102

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 15, 2009, the Defendant was sentenced to a fine of 2 million won for a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on January 15, 2009, and the same court on November 1, 2010, which was sentenced to a fine of 1.5 million won for a crime of violation of the Road Traffic Act (driving). On July 8, 2013, the Defendant driving a wing-in truck under the influence of alcohol concentration of 0.146% from the front of a restaurant in the mutual influssium located in the Geumyang-si, Nam-gu, Chungcheongnam-gu, Namyang-gu, Namyang-gu to the roads of approximately 676-1, the Defendant was under the influence of alcohol concentration of blood alcohol at approximately 0.146%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the traffic accident report, actual condition survey report, and report on detection of a host driver;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Although the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., the Defendant committed the crime of drinking alcohol driving in this case, etc., which is disadvantageous to the Defendant.

However, the punishment shall be determined in consideration of the fact that the accused recognizes the crime and reflects the fact that there is no record of punishment exceeding the fine due to drinking driving.