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(영문) 의정부지방법원 고양지원 2014.10.08 2014고단1710
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] The defendant is a person who was sentenced to a fine of two million won on June 15, 2010 to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 15, 2010, and a fine of four million won on March 25, 2013 to a fine of four million won for a violation of the Road Traffic Act (driving) and has been punished on two or more occasions due to a drunk driving in the same court.

【Criminal Facts】

On July 7, 2014, the Defendant driven a Bco-sports car under the influence of alcohol 0.150% of the blood alcohol concentration from the vicinity of the main shop in Yongsan-gu, Seoyang-gu, Seoyang-si to the same Sinsan-dong Port, Dong-dong, and up to the day of the department store in front of the department store.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jan. 1, 201);

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

1. In light of the fact that the sentencing of Article 62-2 of the Criminal Act of the Order to Attend a lecture has high blood alcohol concentration and the punishment has been imposed as the power of the same or similar kind in recent years, the necessity of strict punishment is large, the defendant is led to confession and the suspension of qualification or heavier punishment has not been imposed, and the execution is deferred only once, taking into account his age, gender, family relationship, etc.

It is so decided as per Disposition for the above reasons.

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