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(영문) 의정부지방법원 2014.10.08 2014고단2370
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant was sentenced to a fine of 50,000 won on October 31, 2008, and a fine of 2 million won on February 16, 2009 at his/her own district court on August 28, 2009 and a suspended sentence of 2 million won on August 28, 2009.

On June 28, 2014, at around 14:20, the Defendant driven C 3 freight vehicles with blood alcohol concentration of about 0.149% while under the influence of alcohol at about 1km from around 1k to the front of the same modern vehicle in front of Dongdu-si, East-si, East-do.

Accordingly, the Defendant, who was punished by driving a motor vehicle under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, etc. and other 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 (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act (Article 62(1) of the same Act on August 28, 2009, including the following: (a) the fact that a person repeats a crime even though he/she had the past and four times of the suspension of execution due to a violation of the Road Traffic Act on

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

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