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(영문) 의정부지방법원 2015.06.12 2014고단3680
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the District Court of the Republic of Korea on November 26, 201, and on October 23, 2014, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

around 14:45 on October 4, 2014, the Defendant driven CM5 car while under the influence of alcohol concentration of about 0.214% at the five kilometers from the roads where the Government Dong was located in Jung-si to the roads in front of the Southern Fishing Place located in Yangju-si.

Accordingly, the Defendant, who violated the prohibition of driving 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. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports, and statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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 the proviso to Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act, a defendant again commits the crime of this case while being investigated as a drunk driving, but the punishment shall be determined as ordered in consideration of the fact that this case is the third drinking driving crime;

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