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(영문) 의정부지방법원 2013.10.18 2013고단2904

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2006, the defendant was issued a summary order of a fine of one million won by the Seoul Northern District Court due to a violation of the Road Traffic Act.

At around 01:20 on July 5, 2013, the Defendant driven a Bpft car with approximately 700 meters alcohol level 0.240% alcohol level from the front of the 608 Do-dong 580-dong, Yangju-si, Yangju-si to the front of the Do-dong 206-3 Do-dong 201:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (limited to the previous case and high drinking, but it does not run again while against the situation, and there is no criminal record exceeding the fine);