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(영문) 의정부지방법원 2013.11.05 2013고단3342
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 18, 2013, around 22:56, the Defendant driven a B Belgium car with approximately 10km alcohol content of 0.118% from the front of the apartment apartment apartment complex in the Soducheon-si, Chungcheongnam-si to the front road of the Dongducheon-si, the Defendant driven a B Belgium car with approximately 10km alcohol content of 0.118%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On June 28, 2012, the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was sentenced to two years of suspension of the execution of six months of imprisonment with prison labor for injury, etc. by the District District Court, which became final and conclusive on July 6, 2012, and committed the instant crime of drinking alcohol only during the period of suspension of execution, and there is considerable room for strict punishment for the Defendant in light of the blood alcohol concentration and driving distance in the instant case.

However, considering the fact that the defendant was led to the confession and depth of the above suspended sentence, the crime of this case is a crime of different types, and the crime of this case is the most last committed around 2002, and there is no record of punishment exceeding the fine due to the same kind of crime, and in the case of this case, if the sentence of imprisonment is declared and confirmed as a result of the crime of this case, the suspended sentence becomes null and void and the imprisonment for six months is imposed concurrently, and the defendant's belief that he will not repeat again is more harsh than once in light of the above circumstances, the punishment shall be determined as ordered by the order to give him an opportunity to look at the recidivism within the framework of the law.

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