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(영문) 의정부지방법원 고양지원 2015.07.08 2015고단1267
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 November 28, 2008, the Defendant was sentenced to a fine of KRW 2 million on July 11, 201, as a crime of violation of the Road Traffic Act (driving) in Gyeyang-gu District Court, the Defendant was sentenced to a fine of KRW 4 million on July 11, 201.

【Criminal Facts】

At around 00:00 on March 21, 2015, the Defendant driven a B low-water vehicle with approximately 2km alcohol concentration of about 0.095% in the section of about 2km from the front of the restaurant in which it is impossible to identify the trade name in the Goyang-dong Port-dong, Seoyang-gu, Seoyang-gu, Seoyang-gu to the river front 520, Seoyang-gu, Seoyang-gu, Seoyang-gu.

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. Making a report on the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. In light of the fact that a large number of years past the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the Defendant committed the instant crime even though he had a large number of drinking driving skills, the need for strict punishment is large, but the Defendant’s failure to repeat the crime is determined to suspend the execution of the order only once, taking into account the fact that there is no punishment imposed for suspension of qualifications

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

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