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(영문) 의정부지방법원 고양지원 2015.07.22 2015고단1348
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 9, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million at the Seoul Southern District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 3 million with a fine of KRW 1 million with a penalty of violation of the Road Traffic Act at the Chungcheong District Court on January 17, 2014, respectively.

【Criminal Facts】

On April 18, 2015, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, was driving a B B B 40 vehicle deemed to be under the influence of alcohol leveling 0.149% from the 2km section of approximately 2km to the front side of the Northwestwest located in 16-15, 302-ro 16-15, Jung-gu, Incheon, Jung-gu, Jung-gu, to the front side of the 16-5-ro northwest of the same Young-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 lecture shall be postponed only once, taking into account the Defendant’s past history of sentencing Article 62-2 of the Criminal Act, the blood alcohol concentration of the instant case, the Defendant’s gender, age, occupation, etc.

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

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