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(영문) 의정부지방법원 고양지원 2015.11.24 2015고단2714
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

[criminal power] On June 28, 2012, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on March 28, 2012, and received a fine of KRW 5 million for the same crime in the same court on February 21, 2014.

【Criminal Facts】

around 23:20 on October 6, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 1 0.067% at the 1km section from the front of a fluent restaurant located in the Mangdong-gu, Goyang-si to the front of a water island and a fishing place located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous record of judgment: Application of a reply to inquiry, such as criminal records, investigation report (including a copy of a summary order attached thereto) and statutes;

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 the defendant to be sentenced to imprisonment at once considering his/her previous offense of drinking alcohol, and the punishment shall be determined as ordered in consideration of his/her blood alcohol density, the distance and place where a drunk driving is conducted, the circumstances leading to a drunk driving, the age, character and conduct, family relationship, circumstances after the crime, etc.;

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