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(영문) 의정부지방법원 고양지원 2015.04.03 2014고단3075
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 July 30, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 30, 201, and a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the Government District Court on June 28, 201.

【Criminal Facts】

On November 15, 2014, around 03:58, the Defendant driven a D rash car under the influence of alcohol content of about 15 km from the 03:11% alcohol concentration to the 0.11% under the influence of alcohol level from the 03:58 Goyang-dong, Yongsan-gu to the 0.11% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the state of his/her driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the blood alcohol concentration of the instant case is high and that the instant case committed the instant crime even though it had the record of the same kind of crime in the past.

However, the execution shall be suspended only once in consideration of the defendant's family relationship, duty to support, etc. in the fact that the defendant has not committed a second offense.

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

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