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(영문) 의정부지방법원 고양지원 2015.04.16 2014고단3081
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 19, 2006, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the District Court of Jung-gu on December 19, 2006, and on March 12, 2009, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.

On December 11, 2014, around 06:25, the Defendant driven a Crain car under the influence of alcohol concentration of approximately 2 km from the street in front of the Seoyang-gu Seoyang-dong, Soyang-gu, Seoyang-si to the front of the original 4.10-7 in the same Sungdong-dong 410-7, and under the influence of alcohol concentration of about 0.098%.

Accordingly, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records investigation reports, investigation reports (Attachment of previous records and other judgments), previous records of disposition and report on results of confirmation;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is that the Defendant was sentenced to a suspended sentence of one year and six months on July 25, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Assault, etc.) and was sentenced to a suspended sentence of two years on August 2, 2013, and the said judgment became final and conclusive on August 2, 2013, and carried out the instant drunk driving without being among the persons who are currently under the suspended sentence, and has already been sentenced to a fine twice due to a drunk driving

However, the punishment shall be determined by taking into account the fact that the defendant is divided into his wrongs, there are family members to support, and the fact that the judgment becomes final and conclusive that the suspension of execution is likely to be invalidated.

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