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(영문) 의정부지방법원 고양지원 2015.02.13 2014고단2629
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 28, 2014, the Defendant driven B Poter cargo under the influence of alcohol at approximately 0.085% in the five kilometers section from the road near the public parking lot located in Gyeyang-gu, Seoyang-gu, Seoyang-gu to the road near the forest landscape located in the same Gu, Yangyang-gu to the road located in the same Gu.

2. On February 22, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the jurisdiction

On November 1, 2014, at around 20:30, the Defendant driven a B-be truck under the influence of alcohol leveling 0.138% from a section of approximately one kilometer to the roads near ridges located in the Sogyang-gu Sogyang-gu, Sogyang-gu, Sogyang-gu to the eropik road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written report from an employee of an employer;

1. Previous for judgment: Criminal history records, references, reports on the results of dispositions and confirmation, and the application of Acts and subordinate statutes governing copies of summary orders;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the occupation of running a sound line or the choice of imprisonment), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the occupation of running a sound line or the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The necessity of strict punishment is high in light of the fact that a person repeatedly commits the crime during the short period of sentencing under Article 62-2 of the Criminal Act, and that a person has the power of the same kind and similar in the past.

However, the defendant's gender is the fact that he has been sentenced to a fine due to the influence of drinking driving and has not committed a second offense.

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