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(영문) 의정부지방법원 고양지원 2015.01.07 2014고단2465
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] The defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on August 17, 2007, and a fine of three million won for the same crime in the same court on December 14, 2009.

【Criminal Facts】

On October 26, 2014, at around 22:00, the Defendant driven a B-to-be car with a blood alcohol concentration of about 0.115% from the five kilometers away from the road located in the Sulan Eup in the Pulan-si Pulan-si Pulan-si, Pulan-si to the road in front of the Gulan-si, Pulan-si, Pulan-si.

Accordingly, the Defendant violated the prohibition of drunk driving more than twice, and again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Previous records of judgment: Application of criminal records, investigation reports (former records and attachment of summary orders) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that Article 62-2 of the Criminal Act of the Order to Attend Education is a majority of the forces similar to the same kind of reasons for sentencing, and that the degree of severe punishment is high in blood alcohol level in the instant crime, there is no specific criminal charge from around 2010, and the Defendant shows that he/she is divided, the execution shall be suspended only once, taking into account the fact that there is no specific criminal charge.

It is so decided as per Disposition for the above reasons.

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