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(영문) 의정부지방법원 고양지원 2015.01.29 2014고단2348
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 June 15, 201, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on June 15, 201, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on January 8, 201, and was sentenced to a fine of 3 times for a same crime.

【Criminal Facts】

On October 19, 2014, the Defendant driven a B 35 vehicle with a blood alcohol concentration of about 0.104% in the section of about 4km from the front of the mutual influent drinking house in the vicinity of the Yandong-dong, Seoyang-gu, Manyang-si to the front road of the Goyang-gu, Seoyang-gu, Seoyang-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate 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. For the reasons of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act, the punishment as ordered shall be determined by taking into consideration the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.;

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