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(영문) 의정부지방법원 고양지원 2014.08.07 2014고단717
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 13, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court, and on February 25, 2014, to a summary order of five million won for a violation of the Road Traffic Act at the Seoul Northern District Court on February 25, 2014.

【Criminal Facts】

On April 12, 2014, at around 22:15, the Defendant driven B rocketing car under the influence of alcohol with approximately 30km alcohol content 0.069% from the front of the cancer station in Gangdong-gu Seoul Metropolitan Government to the front of the earth station located in Seoyang-gu Seoyang-gu, Seoyang-gu.

Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a copy of summary order) 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. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation Act, including the previous conviction in the judgment of the defendant, committed again the crime of this case even though the defendant had been tried four times in total. The defendant reflects the crime of this case, the circumstances such as the situation of drinking driving of this case, the background of blood alcohol concentration, the numerical value of blood alcohol concentration, and the criminal records, etc., shall be determined as ordered in order to give the defendant an opportunity to repent about the crime of drinking alcohol.

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