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(영문) 의정부지방법원 고양지원 2015.12.11 2015고단2776
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 April 3, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 3, 2009, and the same court on September 14, 2009 issued a summary order of 1.5 million won for the same crime. On January 26, 2012, the Defendant was sentenced to a fine of seven million won for the same crime by the same court.

On October 6, 2015, the Defendant, who was punished two or more times for the violation of the Road Traffic Act (driving) and driven a C-prinking car with approximately 100 meters of blood alcohol concentration of about 0.106% from the 17th roads in the Goyang-si-dong-dong-dong-dong-dong-gu, Goyang-si to Goyang-si-si 17th roads in the Goyang-si-si-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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 include that the defendant does not repeat the crime, that does not cause an accident, that all of the judgment below determined the punishment like the order, by comprehensively taking into account the criminal records, the degree and contents of the alcohol volume of this case, the circumstances and contents of the crime, the age, character and conduct, environment, family relationship, and other various sentencing conditions.

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