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(영문) 의정부지방법원 2015.11.11 2015고단3652

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On October 15, 2013, the Defendant 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 the grounds of a violation of the Road Traffic Act. On October 26, 2015, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】

On August 15, 2015, at around 00:40, the Defendant driven a B B B-type car with a blood alcohol concentration of about 0.143% in the section of approximately 30km from the Cheongju-si’s mutual influent restaurant to the roads before Daejeon Seosung-gu U.S.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records: The application of criminal records, inquiry and other 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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case was committed again despite the existence of two previous convictions for the same kind of crime, and circumstances favorable to the fact that blood alcohol concentration is not low: The judgment is rendered as above for the above reasons, such as the recognition of his mistake and the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and other factors of sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act.