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(영문) 의정부지방법원 2014.11.27 2014고단3611
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 16, 2008, the Defendant was notified of a summary order of a fine of two million won due to a violation of the Road Traffic Act, and on July 14, 2010, the Defendant was sentenced to a suspended sentence of six months with the same court for the same crime, etc. on July 14, 2010. On May 23, 2013, the same court was sentenced to six months of imprisonment with prison labor for the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in a government prison on September 25, 2013.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a two-wheeled vehicle with a 500-meter C physical-person car from the front of the building in front of the same road to the 81st governmental station under the influence of alcohol by 0.093% under the influence of alcohol concentration of blood at around 21:40 on August 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions as stated in the judgment: Investigative report, investigative report, number and confinement status of each individual, investigative report (former and previous summary orders and attachment of written judgments), summary orders and application of 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. Article 35 of the Criminal Act among repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant shows his attitude to repent in depth while recognizing his mistake, and that the blood alcohol concentration in the instant case is not relatively high);

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