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(영문) 의정부지방법원 고양지원 2014.09.04 2014고단1165
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 May 23, 201, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 23, 201, and was sentenced to a fine of 2 million won for the same crime in the same court on June 18, 2013.

【Criminal Facts】

On April 29, 2014, the Defendant driven BM5 vehicles under the influence of alcohol of about 0.121 percent in a section of approximately 300 meters in the same lot, which is located in the vicinity of Mangdong-dong, Mangdong-dong, Mangdong-dong, Mangdong-si, and also in the front street of the department store.

Accordingly, although the Defendant had drinking power twice or more, he was driving in the same manner as above.

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 driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., committed the instant crime again despite the fact that the Defendant had been punished twice due to drinking driving in 2011 and 2013, the Defendant reflects the fact that the Defendant is committing the instant crime, the amount of blood alcohol concentration, the driving distance of drinking alcohol, the family relationship of the Defendant, etc. shall be determined by the order to give the Defendant an opportunity to repent about the Defendant’s crime of drinking alcohol.

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