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(영문) 의정부지방법원 2013.06.14 2013고단1044
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 November 13, 2008, the defendant received a summary order of 1.5 million won or more for a violation of the Road Traffic Act from the Jung-gu District Court on November 13, 2008, and a summary order of 2.5 million won or more for a violation of the Road Traffic Act from the same court on September 2, 2010, respectively, on two or more occasions.

On April 19, 2013, at around 22:45, the Defendant driven B YUV vehicles while under the influence of alcohol content of about 3km from the Cheongju-ri to the 5k section below the 0.154% alcohol level from the Cheongyang-si, Cheongyang-si to the 442-12 Goyang-si, the 23:17 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A written report on the occupancy of a motor vehicle from the driver;

1. Report: Application of Acts and subordinate statutes to inquiries, such as criminal records, and a summary order attached;

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 (limited to several previous cases, but it shall be considered that there is no serious criminal record exceeding the fine);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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