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(영문) 의정부지방법원 고양지원 2015.11.27 2015고단2514
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 13, 2007, the Defendant was notified of a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on September 13, 2007. On July 14, 201, the Defendant was sentenced to a fine of KRW 2.5 million for the same crime in the same court on July 14, 201, and was notified of a summary order of KRW 4 million for the same crime in the same court on January 9, 2012.

On September 23:35, 2015, the Defendant driven a Karen car under the influence of alcohol with approximately 10km alcohol concentration of about 0.150% from the sexual dynamic distance in the Sungdong-si of Pakistan-si to the same Dong-dong-Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (attached to the summary orders of related cases) and 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. 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, even though the defendant had a record of being punished three times due to drinking driving, repeating the instant drinking driving.

It seems that the defendant recognized the crime of this case and reflected against the defendant.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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