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(영문) 의정부지방법원 고양지원 2014.10.16 2014고단1618
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 November 30, 2009, the Defendant received a summary order of KRW 5 million from the Seoul Western District Court due to a violation of the Road Traffic Act (driving) and received on October 10, 2013 a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) from the Busan District Court's subsidiary branch, and received a summary order of KRW 2.5 million from the Incheon District Court's Branch on October 10, 2013, and received a summary order of KRW 2.5 million and received two penalties for the violation of

On August 18, 2014, around 01:34, the Defendant driven a bwing 3 vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.107% at a section of approximately 500 meters from the front of the “sea where the sea is in transit” located in the same Dong and Dong, Seoyang-gu, Mangdong-gu, Mangdong-si to the front of the “sea where the sea is in transit.”

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a motor vehicle driver-blood collection;

1. A written request for appraisal, a written report on appraisal, and an electronic document;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), investigation reports (former and summary orders attached thereto) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as the same as the disposition, in consideration of the fact that the defendant committed the same crime even though he/she had been punished twice due to drinking alcohol driving in the past, the fact that the defendant confessions himself/herself, and reflects the fact that he/she is drinking alcohol, the distance of drinking driving, the criminal record, age,

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