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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단2458
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 October 28, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court Goyang Branch on October 28, 2008, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Seoul Western District Court on August 27, 2013.

【Criminal Facts】

On September 12, 2015, at around 23:30 on September 23:30, 2015, the Defendant driven BM5 car volume in the state of alcohol with a blood alcohol concentration of about 0.070% in the 1km section from the apartment complex of the Sari-dong, Sari-dong, Sari-dong, Sari-dong, to the Hari-dong, Pari-dong,

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same type of power judgment) 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. In the past of sentencing under Article 62-2 of the Criminal Act, the fact that the Defendant was punished as the power of the same kind in the past is disadvantageous; however, the fact that the blood alcohol concentration of the instant case is not a very high letter; and that the Defendant shows the base of the reflectivity, the execution shall be suspended only once by taking into account the Defendant’s gender, age, economic condition, etc.

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

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