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(영문) 의정부지방법원 고양지원 2014.01.08 2013고단2072

도로교통법위반(음주운전)

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

On June 13, 2008, the defendant was sentenced to 1 year and 6 months of imprisonment for the violation of the Road Traffic Act and 3 years of suspension of execution on June 21, 2008, and the above judgment was finalized on August 10, 2009. In the same support on August 10, 2009, a fine of 2.5 million won was issued, and the above summary order became final and conclusive on October 13, 2009.

At around 19:40 on October 17, 2013, the Defendant driven B Atop car at a section of about 50 meters from the front to the road near the shooting distance in the Yongsan-gu Uniform Park in the Pakistan-si, Pakistan-si, in a state of alcohol of 0.186% of the blood alcohol concentration of 0.186%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report and circumstantial report on detection of a host driver;

1. Criminal records;

1. Application of Acts and subordinate statutes to investigation reports (adjudgments, etc.);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;