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(영문) 의정부지방법원 고양지원 2013.04.19 2013고단285
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 June 18, 2010, the Defendant was sentenced to a fine of KRW 5,000,000 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in order to support the High Government District Court.

On February 1, 2012, around 06:00, the Defendant driven the said Aburged car with approximately 50 meters alcohol concentration 0.267% under the influence of alcohol on the road from the front day of the Gimcheon-gu, Seoul Special Metropolitan City, to the road of the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to the survey report on actual condition, the report on actual status of a user of an alcoholic beverage, the report on actual status of a user of an alcoholic beverage,

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (to be sentenced to imprisonment in consideration of the fact that the accused has past records of punishment and records of punishment, and that the drinking water in this case is highly high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant repents his wrong, the fact that the defendant was sentenced once to a fine due to drunk driving, and the fact that there are no other criminal records except the fact that he was sentenced once to a fine due to drunk driving, and other overall circumstances such as the age, occupation and character

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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