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(영문) 의정부지방법원 고양지원 2014.10.08 2014고단1548
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

On December 2, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Busan District Court’s Branch Branch on December 2, 2008, and on June 20, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the Jungyang Branch Branch of the District Court on June 20, 201.

On June 22, 2014, at around 02:00, the Defendant driven a 2nd 3rd knife vehicle with blood alcohol concentration of about 0.199% under the influence of alcohol on the front of a club, where it is difficult to know the trade name located in the salary 4,00,000 in the Seocho-si, Seoul Puju City, by the day before the front of the club located in the same Ri.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

1. Previous records before ruling: Application of criminal records, inquiry reports and investigation reports, and 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 majority was punished as the power of the same kind in the past, the driving of the re-driving was committed, and the degree of severe punishment is high since the degree of blood alcohol level is high.

However, considering the fact that there is no punishment of suspension of qualification or heavier punishment due to the crime of the same or similar kind, the fact that the defendant is led to confession, and the defendant is living in good faith, the collection shall be deferred only once.

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

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