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(영문) 의정부지방법원 2015.11.09 2015고단1868
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 July 24, 2013, the defendant received a fine of KRW 3 million from a district court of Jung-gu to a charge of violating the Road Traffic Act in a district court on July 24, 2013, and criminal records of the violation of the Road Traffic Act (driving) are three times.

On April 28, 2015, at around 22:50, the Defendant driven B passenger cars with a blood alcohol concentration of 0.204% from a section of approximately 100 meters from the place in which the domicile of the Jinyang-si, Jin-si is influent to the ero of the same Eup to the erode of the same Eup.g., 47.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, and criminal investigation reports (report attached to sound driving before and after the issuance of an order);

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the grounds that there is no other criminal records except for traffic-related criminal records, and only a fine has been imposed, but the crime of this case was committed after June 30, 201, which was so-called the so-called the so-called "sautouting driving", and the drinking water level is very high to 0.204%, and since the three-timelessless driving and the one-time accident after the accident, it is difficult to prevent the defendant from repeatedly committing traffic offense due to the punishment of a fine, so that it is difficult to choose imprisonment and sentence a suspended sentence)

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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