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(영문) 의정부지방법원 2015.12.08 2015고단3519
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 January 27, 201, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Jung-gu District Court on December 22, 201, a fine of KRW 700,000 for the same crime in the same court on December 21, 201, and a fine of KRW 5 million with the same crime in the same court on December 21, 2012, respectively.

【Criminal Facts】

On August 17, 2015, at around 23:26, the Defendant driven B ASEAN car under the influence of alcohol with approximately 5km alcohol concentration of about 0.078% from the front of the stone ridge, which is located in the Guri-si, Siri-si, Siri-si, Seoul to the front of Samsung Engineering.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (reports accompanied by summary orders);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a sentence of imprisonment with prison labor chosen (the sentence of imprisonment with prison labor chosen considering the previous department, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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