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(영문) 의정부지방법원 고양지원 2013.08.23 2013고단824

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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, 2013, the Defendant was sentenced to a suspended sentence of two years on August 17, 2013 at the Suwon District Court’s horizontal Housing Site for the violation of the Road Traffic Act, and the judgment became final and conclusive on August 17, 2013.

【Criminal Facts】

On April 13, 2012, at around 03:00, the Defendant driven a B Sti-type car under the influence of alcohol content of about 0.130% from a portion of about 200 meters, from the front line of the mutual unfurine in the Goyang-gu, Seoyang-gu, Seoyang-gu, Seoul to the front line of about 33 Doyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (date of confirmation of the final judgment);

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, the choice of imprisonment (including the fact that there are past records of past and several penalties and the fact that there are high drinking water);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. A judgment shall be rendered in the same manner as the disposition is rendered on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., taking into account the fact that the defendant's mistake is contrary to the recognition of mistake and the balance with the case of concurrent judgment with the case of a violation of the Road Traffic Act as stated in