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(영문) 의정부지방법원 2013.12.19 2013고단3995
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 September 14, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court. On August 3, 2012, the Defendant was a person with the record of being sentenced to a summary order of KRW 1.5 million for the same crime at the Jung-gu District Court on August 3, 2012. On October 23, 2013: (a) around 20:20, the Defendant driven the Defendant’s B Ors car at the section of approximately 1 km from the influen-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-

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 criminal records, reply reports, investigation reports (Attachment to judgment, etc. on criminal records, 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;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);

1. Although the reasoning for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been able to be punished twice, it is difficult to strictly punish the defendant in light of the fact that the blood alcohol content of this case is significant, but the defendant is able to make a confession and not repeat a crime, and there is no penalty power exceeding a fine, etc., the sentence identical to the order shall be imposed on the defendant.

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