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(영문) 의정부지방법원 고양지원 2014.08.21 2014고단686
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On May 16, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on May 16, 201, and on October 21, 201, the Defendant was sentenced to a fine of KRW 8 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on October 21, 201.

As such, the defendant has been punished for the violation of the Road Traffic Act at least twice.

The Defendant was under the influence of alcohol content 0.074%, and around April 4, 2014, around 21:25, the Defendant driven a Chum-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Summary of Evidence

1. Statement by the defendant in court;

2. A written report from an employer;

3. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

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

3. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed the instant crime even though he/she had been punished several times due to drinking driving in the past, and the fact that drinking driving is not likely to cause serious human and physical harm, is an unfavorable sentencing factor against the defendant.

On the other hand, the fact that the defendant recognized all the facts charged in this case and reflected in it is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.

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