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(영문) 의정부지방법원 고양지원 2015.04.24 2014고단3022
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

On July 15, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on July 15, 2009, and was sentenced to a fine of 2.5 million won for the same crime in the same court on April 2, 2013.

On November 9, 2014, around 19:24, the Defendant driven a chip vehicle under the influence of alcohol with approximately KRW 3 km alcohol concentration of 0.120% from the section of approximately 3km up to the road front of the Congyang-dong, Seoyang-gu, Seoyang-gu, Samyang-gu, Seoul, to the same road in front of the Samyang-gu, Samyang-gu, Seoul.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. The execution of an order to suspend the execution of imprisonment with prison labor shall be suspended, but the order to add an order to attend a lecture shall be determined by taking into account all the sentencing conditions, including the criminal records, contents, alcohol volume, the background and contents of the crime, the circumstances after the crime, etc. of the defendant for the reason of sentencing under Article 62-

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