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(영문) 의정부지방법원 고양지원 2015.01.16 2014고단2338
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 12, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul East Eastern District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million by the same court on July 26, 2013.

【Criminal Facts】

1. The Defendant, on August 24, 2014, driven a Crocketing car under the influence of alcohol of about 1 0.192%, from the Do in front of the restaurant in the Soyang-gu Soyang-gu, Gyeyang-gu to the 862 flowed in the same unification, around August 24, 2014.

2. On August 26, 2014, the Defendant driven the said rocketing car under the influence of alcohol by 0.058% of alcohol concentration on August 26, 2014, at a 700-meter range from the front direction of the International Law Research Institute of Law and Administration, which was located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 230, to the front direction of the school of law and administration located in the 239-3-dong, Seoyang-gu, Seoyang-gu.

3. On August 29, 2014, the Defendant driven the said rocketing-free vehicle under the influence of alcohol content of 0.085% while under the influence of alcohol, around 22:25, the Defendant driven the said 00-free vehicle within a three-lane radius from the Do before the said International Law and Management College of Law to the Docong-dong located in the Docdong-gu of the same Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Inquiry into the results of the control of drinking driving;

1. A written report from an employee of an employer;

1. Previous for judgment: Application of criminal records, inquiry reports, and investigation reports (a summary order issued against the same type of power);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The danger of drinking-driving, such as committing repeatedly a crime during the short period of sentencing under Article 62-2 of the Criminal Act, and committing a crime on the day on which a police officer was controlled by drinking-driving, etc.

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