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(영문) 의정부지방법원 고양지원 2013.06.14 2013고단646

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 December 30, 2008, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on December 30, 2008, and a summary order of KRW 2 million for the same crime in the same court on February 19, 2013, respectively.

【Criminal Facts】

On April 25, 2013, at around 23:17, the Defendant driven a C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-

Summary of Evidence

1. Defendant's legal statement;

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

1. An inquiry into the results of the control of drinking driving, a report on the state of drinking drivers, and an appraisal report on the concentration of blood alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order of the same criminal records);

1. Relevant law concerning the crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the decision to punish a person with prison labor (including the fact that a person drives a motor vehicle while driving a motor vehicle at the same time within three months after he/she was sentenced to the previous fine and the fact that he/she is high in drinking water);

1. Mitigation of discretionary punishment under Articles 53 and 55 (1) 3 of the Criminal Act (general circumstances, such as the fact that the accused repents the wrongness and has no record of criminal punishment exceeding the fine, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;