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(영문) 의정부지방법원 2013.10.11 2013고단2016
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 1.5 million at the Jung-gu District Court on January 8, 2007 to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 4.5 million for the same crime, etc. at the same court on June 16, 201, and on March 29, 201, the Defendant was sentenced to a summary order of KRW 4.5 million for a violation of the Road Traffic Act in the same court on March 29, 2012.

Although the Defendant had had a history of driving two or more times, on May 17, 2013, at around 23:00, the Defendant driven a CNp car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.07% from the 400 meters off the same day to the 23:15th day from the 3rd day from the fluoral of the 3rd fluorian Government at the time of the Gyeonggi-si Government, the Defendant driven a CNp car under the influence of alcohol concentration of about 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous convictions indicated in judgment: Investigation report (verification of the results of the same kind of sound driving and disposition), inquiry into the results of the crackdown on drinking driving, indictment, and application of Acts and subordinate statutes to report the results of investigation;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has the same previous department. In particular, considering the fact that the defendant was sentenced to a suspended sentence for 10 months on March 29, 2012 due to a violation of the Road Traffic Act (recognition) on March 29, 2012, and was engaged in driving under the influence of alcohol again without being sentenced to a suspended sentence, a sentence of sentence on

In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the accused.

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