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(영문) 의정부지방법원 고양지원 2014.10.30 2014고단1949
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 October 29, 2010, the Defendant was punished by a fine of KRW 1.5 million in the deep support as a violation of the Road Traffic Act (driving) and a person who was punished by a fine of KRW 3.5 million in the same support as a violation of the Road Traffic Act (driving) on October 5, 2012.

At around 22:30 on May 1, 2014, the Defendant driven CK7 car under the influence of alcohol content of about 500 meters from the front road near the upstream Dong-gu, Seocheon-gu, Seocheon-si to the front road in the Gu-U.S. on the same day, in a state of under the influence of alcohol content of 0.098%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), and Acts and subordinate statutes concerning criminal investigation reports (componing of summary orders in the same type of case);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime even before two years have passed since he was sentenced to the last fine even though he had a record of being punished twice due to drinking driving, and that the Defendant again commits the instant crime, taking into account the circumstances leading to the instant drinking driving, blood alcohol concentration, and all other conditions of sentencing, and shall determine the punishment as ordered.

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