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(영문) 의정부지방법원 고양지원 2014.09.18 2014고단970
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

On May 13, 2008, the Defendant was sentenced to a fine of 1.5 million won by the Seoul Western District Court for the crime of violation of the Road Traffic Act. On November 3, 2008, the Seoul Western District Court was sentenced to a fine of 2 million won by the crime of violation of the Road Traffic Act.

At around 00:10 on May 16, 2014, the Defendant driven B rocketing car under the influence of alcohol of about 500 meters in the section of about 0.087% in blood alcohol concentration from the front of the restaurant where it is impossible to know the trade name near the ‘driving Hayang-gu' Hayang-gu, Goyang-gu to the front road of the sunlight 106-ro 106-ro of the same Gu.

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. A report on the state of his/her oral statement from a host driver;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of three copies of the summary order of the same kind of power;

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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as follows: (a) considering the fact that the defendant committed the crime of this case even though he had the record of punishment for drinking driving three times in the past; (b) the defendant reflects himself; (c) the degree of blood alcohol concentration; and (d) the distance of drinking driving, etc., a punishment shall be determined as ordered to give him an opportunity to repent about

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