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(영문) 의정부지방법원 2015.02.05 2014고단4060
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 of the final judgment.

Reasons

Punishment of the crime

On March 8, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on March 8, 201, and a summary order of KRW 2.5 million for the same crime in the same court on October 20, 201.

On August 18, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a Bcller vehicle while under the influence of alcohol of about 100 meters from the front day of the restaurant on the mutual influence of Macheon-do, Mancheon-do to the front day of the enterprise bank located in 18-1 in the same Soloromoon 18-1, in a section of about 100 meters from the front day of the city bank in front of the enterprise bank located in the same Soloromo-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (suspects' previous records and confirmation), application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

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

1. Article 62-2 of the Criminal Act to attend a law-abiding lecture to prevent recidivism, taking into consideration the fact that driving is repeated while under the influence of alcohol again even though the defendant had a record of punishment for drinking driving, such as the previous conviction in the judgment of the court below, etc.

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