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(영문) 의정부지방법원 2013.10.18 2013고단2841

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 February 15, 2007, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act, and a fine of 2 million won for the same crime at the same court on April 5, 2011, respectively.

On August 16, 2013, at around 22:14, the Defendant driven a B-purd vehicle with approximately 1 km from the front side of a cafeteria in the Geumyang-si, Jyang-si to the front side of the same Risan 20-way, with a blood alcohol concentration of 0.217%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on detection of a host driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (Attachment to a summary order for driving the same kind of suspect);

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 on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution,

1. Order to attend lectures under Article 62-2 of the Criminal Act;