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(영문) 의정부지방법원 2013.12.19 2013고단3483
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 17, 2011, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) by the same court, and on October 8, 2013, the same court issued a summary order of KRW 4,00,000 as a fine for the same crime. On October 13, 2013, the Defendant driving a DNA car under the influence of alcohol level of KRW 0.124% from the part of approximately 2 km to the front of the wife of the Defendant located in the same Sincheon-si, Seocheon-si, the Defendant was under the influence of alcohol level of KRW 1,50,00,00 for the same crime.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports, etc.;

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 for a crime;

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

1. On January 24, 2013, the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was sentenced to one year of suspension of the execution of six months of imprisonment for a violation of the Military Service Act, and the judgment became final and conclusive on February 1, 2013, there is a little room for the Defendant to strictly punish the Defendant in light of the following: (a) on September 14, 2013, the Defendant was subject to a summary order of a fine of KRW 4 million in this court on October 8, 2013; (b) the Defendant was subject to a summary order of KRW 4 million in this court; (c) even thereafter, the Defendant committed the instant crime of drinking alcohol; and (d) the Defendant committed the instant crime of this case with a considerable risk of considerable blood alcohol concentration.

I would like to say.

However, the attitude of the defendant's confession and depth is shown, the crime of this suspended sentence is a crime of different types, the fact that there was no record of punishment exceeding the suspended sentence due to the same crime, the defendant's age still remains, and when the sentence of imprisonment is declared and finalized due to this case, the above suspended sentence becomes invalidated and the imprisonment for six months is imposed concurrently, and it is somewhat harsh in light of the above circumstances.

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