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(영문) 의정부지방법원 2015.06.16 2015고단465

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] On March 4, 2011, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 4, 201, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on October 22, 2013, respectively.

【Criminal Facts】

On January 8, 2015, the Defendant, while driving a motor vehicle under the influence of alcohol at least twice, was driving a B Coin vehicle while under the influence of alcohol at least 0.136% of alcohol concentration from the road parking lot near the off-road market located in the Yancheon-gun, Gyeonggi-gun, Seoul Special Metropolitan City on January 8, 2015 to the front day of the same day from around 30:50 on the day until the 30-meter long-distance road located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her driving;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, 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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 201

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;