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(영문) 의정부지방법원 고양지원 2013.06.12 2013고단714
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

[criminal power] On October 12, 2006, the Defendant received a summary order of KRW 2,50,000,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving of Drinking) at the Incheon District Court, and on June 15, 201, to a fine of KRW 2,50,000 for a violation of the Road Traffic Act (driving of Drinking).

【Criminal Facts】

At around 06:10 on May 10, 2013, the Defendant driven B rocketing car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.102% from the 2km section to the 2nd road of the Yama Village in the same Dong-dong-gu, Goyang-si.

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. A protocol concerning the police interrogation of the accused;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 and Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) shall be taken into consideration in various circumstances, such as the fact that the criminal defendant repents wrong facts,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons 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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