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(영문) 의정부지방법원 고양지원 2015.06.05 2015고단801
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

[Criminal Power] On November 8, 2007, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on November 8, 2007, and was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court on April 14, 2010.

【Criminal Facts】

On February 23:56, 2015, the Defendant driven a B-Lon car at a section of approximately 300 meters of alcohol alcohol concentration of 0.121% from the 8-2nd to the low-speed middle school located in the same Gu-ro 159, Goyang-si, Goyang-si, Goyang-si, Mando-ro, 181-ro, 181, Jindo-ro, 159.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. The execution of an order to attend a course shall be suspended only once, taking into account the blood alcohol concentration of the instant case, the gender, age, family relationship, etc. of the accused in the past with the reason for sentencing Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

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