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(영문) 의정부지방법원 고양지원 2015.12.04 2015고단2555
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

Punishment of the crime

On June 16, 2008, the Defendant was notified of a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act at the District Court of Jung-gu on June 16, 2008, and a fine of KRW 6 million for the same crime at the High Court of Jung-gu on January 16, 2013.

On August 18, 2015, around 23:39, the Defendant driven Dworka car in the state of alcohol of about 0.181% of blood alcohol concentration at a section of about 500 meters from the day before the Goyang-dong, Yongsan-gu, Goyang-si to the front road of the same Gu Jeongsan-dong.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

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, inquiry reports (suspects' previous records and fact-finding) and Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished three times due to drinking driving from around 2008, repeated the pertinent drinking driving, and the drinking volume is considerably high.

It seems that the defendant recognized the crime of this case and reflected against the defendant.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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