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(영문) 의정부지방법원 고양지원 2013.04.05 2013고단187

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

[criminal power] On June 29, 200, the Defendant was issued a summary order of a fine of KRW 700,000 at the Seoul Eastern District Court on May 29, 2001, a fine of KRW 1.5 million at the same court on April 15, 2008, a fine of KRW 1.5 million at the Jung-gu District Court Senior District Court on April 15, 2008, and a fine of KRW 2 million at the same court on October 28, 2008, respectively.

【Criminal Facts】

On January 24, 2013, around 23:24, the Defendant driven Bone Star vehicle under the influence of alcohol content of about 0.195% at the 3km section in front of the department store, from the roads located in the Handong-dong, Mangsan-dong, Mangsan-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the state of drinking drivers, inquiry into the results of the control of drinking driving, written appraisal of blood alcohol, and written report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a summary of the same case);

1. Articles 148-2 (1) 1 and 44 (1) of the Criminal Act applicable to the relevant criminal facts (to be punished by imprisonment with prison labor in consideration of the fact that the criminal defendant has a history of punishment for driving four times or more, or that the amount of drinking alcohol is very high);

1. Mitigation of discretionary work and consideration in overall circumstances shown in the records, such as the fact that the defendant repents wrongs the defendant and has no record of criminal punishment exceeding the fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;