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(영문) 의정부지방법원 2015.09.04 2015고단2390
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 8, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 8, 2014, and a fine of KRW 4 million for the same crime at the same court on April 25, 2015.

【Criminal Facts】

On May 19, 2015, at around 20:48, the Defendant driven a B-E vehicle while under the influence of alcohol content of about 0.145% in a section of about 100 meters, from the 1058-14m to the road located in the same Eup/Myeonnnam-ro 1058-14.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmation reports) and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case was committed again even if the previous conviction was possible for the same kind of crime, and circumstances favorable to the fact that blood alcohol concentration is not low: The judgment is rendered as above for the above reasons, such as the recognition of his mistake and the age of the defendant, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other factors of sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act.

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