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(영문) 의정부지방법원 2015.05.21 2015고단1024
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] On April 30, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Northern District Court for a violation of the Road Traffic Act, a summary order of KRW 2 million for the same crime at the Jung-gu District Court on June 14, 2012, and a summary order of KRW 5 million for a fine at the Ulsan District Court on August 29, 2012, respectively.

【Criminal Facts】

On March 14, 2015, at around 21:14, the Defendant driven a B rocketing car with approximately 300 meters alcohol content 0.115% under the influence of alcohol from the front of a mutually influent restaurant in the Mando-Eup, Chungcheongnam-do to the front of the heart high school in the same Ri.

As a result, the Defendant, who had a driving force twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal history records, repeated statements, and Acts and subordinate statutes bound to keep records of summary orders;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 201

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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