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(영문) 의정부지방법원 고양지원 2014.04.11 2013고단2372
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant, at the Seoul Southern District Court on February 25, 2008, has been notified of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on July 15, 2008, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act, and on November 11, 2008, by the same court on November 25, 2008, the summary order of KRW 3 million was respectively notified.

On December 12, 2013, the Defendant driven a B rocketing car with a blood alcohol content of about 0.091% under the influence of alcohol at approximately 1km from the front edge of the trade infinite-gu, Yongsan-gu to the front edge of the workplace located in the same Dongsan-dong from the front edge of the workplace in the same Gu.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. The application of Acts and subordinate statutes to criminal records, etc., investigation reports (including copies of summary orders);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (applicable in consideration of the fact that there is no previous conviction or heavier than a suspended sentence among those similar to the same type of punishment, and that there is no particular military force after 2009 and that there is no reflective military force);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated grounds for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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