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(영문) 의정부지방법원 고양지원 2015.11.17 2015고단2423
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On May 11, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and on November 23, 2007, the above court was sentenced to a fine of KRW 1 million as a crime of violation of the Road Traffic Act.

On September 15:17, 2015, the Defendant driven B motor vehicle under the influence of alcohol 0.083% alcohol level on the front of the public playground located in Geumne-dong, Geumju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to the same criminal record and summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Sentence of Article 62-2 of the Criminal Act requires a person to be sentenced to imprisonment at once taking into account his/her previous conviction for the reason of sentencing, and the punishment shall be determined as ordered in consideration of the degree of blood alcohol, the distance and place of drunk driving, the circumstances leading to drunk driving, his/her age, character and conduct, environment, criminal records (no history of punishment exceeding a fine shall have any history of punishment exceeding the fines), motive, means and consequence of the crime, circumstances after the crime, etc.;

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