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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단2249
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 February 13, 2012, 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 February 13, 2012, and was sentenced to a fine of three million won by the same court on March 8, 2012.

【Criminal Facts】

On September 4, 2014, at around 22:55, the Defendant driven a B B-E car with a blood alcohol concentration of about 0.104% from the four kilometers section from the roads in front of the movement site in the Seodaemun-gu Seoul Metropolitan City to the three warning roads in the Sinju-Eup in the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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. For the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the punishment as ordered shall be determined by taking into consideration the defendant's previous conviction (two times in total), drinking alcohol or drinking alcohol, distance and place of drinking, his age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.;

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