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(영문) 의정부지방법원 2013.09.05 2013고단2631
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on December 10, 2009, and on November 11, 2010, a fine of KRW 3,50,000 by a violation of the Road Traffic Act (driving). On August 17, 2013, the Defendant driven a Bol-do under the influence of alcohol concentration of approximately KRW 0.149% from the west-gu Seoul Southern-si to the roads of approximately 2 km from the west-gu Seoul Metropolitan City on August 2017, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., in light of the fact that the defendant committed the crime of drinking driving in this case even though he/she had been punished twice due to drinking driving, etc., such crime is heavy.

However, the punishment shall be determined in consideration of the fact that the defendant is recognized to not repeat the crime, and that there is no record of punishment exceeding the fine due to drinking driving.

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