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(영문) 의정부지방법원 2015.12.08 2015고단3512
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 February 1, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on February 1, 2008, and was sentenced to a fine of KRW 1 million for the same crime at the Jung-gu District Court on January 30, 2009, and was sentenced to a suspended sentence of two years for the same crime at the Jung-gu District Court on January 11, 2013.

【Criminal Facts】

On September 20, 2015, at around 20:20, the Defendant driven BM5 vehicles under the influence of alcohol with a blood alcohol concentration of 0.069% from the 1km section of approximately 1km to the 1862 front road of the same Eup from the place where the Sinyang-si, Seoyang-si, Namyang-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A) and investigation reports (reports attached to the previous records and summary orders);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen (the choice of imprisonment with prison labor, considering the same kind of power, etc.);

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

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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