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(영문) 의정부지방법원 고양지원 2015.10.16 2015고단2056

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] The "suspects" as stated in the facts charged of the defendant seems to be entirely a simple clerical error.

On May 19, 2008, there is a record of being punished by a fine of 1.5 million won in the deep sea support as a violation of the Road Traffic Act (driving) and a fine of 2.5 million won in the Seoul Central District Court on December 30, 2009.

【Criminal Facts】

On July 27, 2015, at around 21:35, the Defendant, at the same time, driven a sports vehicle in the column B, under the influence of alcohol concentration of 0.105%, at around 21:40 on the same day, starting from the front of the Goyang-gu So-gu So-gu So-gu So-gu So-gu So-called So-called So-called So-called So-called So-called So-called the Defendant driven a sports vehicle in the column B under the influence of alcohol concentration of 0.10

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was 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. Previous for judgment: Application of criminal records, inquiry reports, and criminal investigation reports (reports attached to the previous suspect and summary orders);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the degree of blood alcohol concentration in the instant case is high and the past has the same or similar power in light of the circumstances unfavorable to him/her; however, there is no record of punishment due to drinking driving; there is no record of suspension of qualifications or heavier punishment; and there is no record of being sentenced to suspension of qualifications or more punishment; and the execution is suspended only once by taking special account of the circumstances against which the Defendant did not repeat the crime

It is so decided as per Disposition for the above reasons.