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(영문) 의정부지방법원 2014.02.13 2014고단111
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 July 17, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court, and on May 27, 2010, the Defendant was sentenced to a fine of two hundred and fifty thousand won for the same crime in the same court. On January 6, 2014, the Defendant driven B i30% under the influence of alcohol concentration from the 1km section to the front road of the Young-gu High School located in the Geum-dong, Young-si, Ho-si, the Government-si, the Seoul High Court around 23:30 on January 6, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);

1. Although the reasoning for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been able to be punished twice, it is difficult to strictly punish the defendant in light of the fact that the blood alcohol content of this case is significant, but the defendant is able to make a confession and not repeat a crime, and there is no penalty power exceeding a fine, etc., the sentence identical to the order shall be imposed on the defendant.

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