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(영문) 의정부지방법원 고양지원 2015.07.23 2015고단175
도로교통법위반(음주운전)등
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

On June 7, 2011, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the District Court on June 7, 201, and a fine of 5 million won for the same crime at the same court on July 3, 2014.

On December 27, 2014, the Defendant, while under the influence of alcohol by 0.083% without a driver’s license of a motor vehicle on December 14:38, 2014, driven a Bcocon vehicle at a section of approximately 500 meters in front of the training site for the reserve forces located in the same rithal located in the ethal rithal on the ethical rithal site at the ethal site of the

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into driver's license, inquiry into the results of the control of drinking driving, and a circumstantial report on drinking drivers;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has already been punished three times due to drinking driving, and the defendant again conducted drinking driving of this case, which requires strict punishment.

However, in consideration of the fact that the defendant repents his mistake, there is no record of punishment more severe than fines, there is a family member to support, and the drinking water of this case is relatively high, etc., the execution of imprisonment shall be suspended as above, and the probation and the order to attend lectures shall be also ordered to prevent recidivism.

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