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(영문) 의정부지방법원 2015.06.19 2015고단777
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 26, 2007, a fine of one million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on October 28, 2008, and a fine of five million won for the same crime at the Jung-gu District Court on March 30, 2015, respectively.

On February 18, 2015, the Defendant driven a B-hand car under the influence of alcohol of 0.068% in alcohol, from a section of about 3km from the front of the math on the road in front of the math, to the front of the Round, which is located in the same Round-do, in addition to the Sincheon-si on February 22, 2015.

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 the operation of a motor vehicle;

1. Previous records of judgment: Criminal history records, probationary records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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