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(영문) 의정부지방법원 2014.03.25 2014고단305
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal power] On April 16, 2009, the Defendant was sentenced to a fine of one million won for a crime of the Road Traffic Act (driving) at the Jung-gu District Court on April 16, 2009, and one million won for the same crime at the same court on June 30, 201.

【Criminal Facts】

On January 10, 2014, at around 22:40, the Defendant driven a B-hand car volume of about 500 meters in the state of alcohol while under the influence of alcohol of about 0.093% in front of a company bank in front of the dispatching market in Macheon-si, Songcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant committed the instant crime in which he/she was sentenced to a fine due to the crime of drunk driving twice in 2009 and 2011; (b) the Defendant committed the instant crime again; and (c) the Defendant appeared to have committed the instant crime in good faith and in depth; and (d) other favorable circumstances, such as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., taking into account all the various conditions of sentencing indicated in the record, such as the following: (a) the Defendant committed the instant crime.

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