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(영문) 의정부지방법원 2013.07.05 2013고단1162

도로교통법위반(음주운전)

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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 July 5, 2010, the Defendant received a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5,000,00 as a fine in the same court on January 13, 201.

On April 23, 2013, the Defendant driven a sp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. Previous records: Application of inquiries, such as criminal records, criminal records, and investigation reports (applicable to the same type of criminal records and attachment of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The probation and community service order and the order to attend a lecture, including the reasons for sentencing Article 62-2 of the Criminal Act, may be accompanied by the previous sentence, but the suspended sentence shall be sentenced only once in consideration of the reflection of the sentence, and probation shall be added to prevent recidivism.