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(영문) 의정부지방법원 고양지원 2013.10.02 2013고단1246
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 15, 2007, the Defendant was sentenced to a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on November 15, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving without a license) at the Incheon Southern District Court on June 10, 2008, and a fine of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving without a license) at the Seoul Southern District Court on July 30, 2008 at the Suwon District Court on November 28, 2008 and a fine of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving without a license) at the Suwon District Court on May 4, 2010.

On July 9, 2013, around 23:55, the Defendant driven a DNA car at approximately 100 meters while under the influence of alcohol concentration of 0.172% on the road in Soyang-gu, Soyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu. 22-124.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A traffic accident report;

1. A report on detection of the driver and a circumstantial statement of the driver;

1. Accident site and vehicle photographs;

1. Criminal records;

1. Application of Acts and subordinate statutes of an investigation report;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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