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(영문) 의정부지방법원 2014.07.08 2014고단1487
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 of the final judgment.

Reasons

Punishment of the crime

On May 23, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on September 30, 2010.

On March 28, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more occasions, driven a Mati car under the influence of alcohol with a blood alcohol concentration of about 0.212% from the section of about 40 km to the front road of about 18:34 square meters in the 7th class, 7th class, 15th class, 15th class in the same military, on the road where the place is unknown in the Dong-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. To make an appraisal report on blood alcohol and the results of the control of drinking driving;

1. Investigation report (proving a suspect A's blood alcohol concentration) (Evidence No. 31 pages of evidentiary records);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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