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(영문) 의정부지방법원 2014.02.07 2013고단4361
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 2, 2008, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act from the Jung-gu District Court on December 2, 2008, and a summary order of three million won or more for a violation of the Road Traffic Act at the Jung-gu District Court on February 11, 2009.

On November 16, 2013, at around 21:05, the Defendant driven B1 ton cargo vehicles with a blood alcohol content of about 0.120% at the section of about 100 meters from the Do in front of the Gam apartment in Bupyeong-gu, Dongm-gu, Dongm-gu, Dongm-gu, Gyeong-gun to the front road of the Taedong apartment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: The application of inquiry reports and investigation reports, including criminal records, and statutes;

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 of the suspended execution (see, e.g., Supreme Court Decision 2009Da11348, Apr. 1, 2009);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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