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(영문) 의정부지방법원 고양지원 2015.08.21 2015고단1602
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 January 21, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gangnam Branch of the Chuncheon District Court on January 21, 2008, and was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on May 10, 2012.

【Criminal Facts】

On February 15, 2015, at around 00:57, the Defendant driven a B rocketing car in the state of alcohol alcohol concentration of approximately 0.124% from the section of about 1km from the road where it is impossible to know whether it is located in the Jung-gu Seoul Metropolitan Government New-dong to the 333rd Road.

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 records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 blood alcohol concentration of the instant case was high and that there was a history of punishment as the power of the same kind or similar in the past.

However, as the defendant did not repeat the crime, the sentence was imposed in consideration of the defendant's gender, age, family relationship, economic condition, etc.

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

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