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(영문) 의정부지방법원 2013.09.27 2013고단2269
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2008, the Defendant received a summary order of 700,000 won of a fine from the Jung-gu District Court for the crime of violation of the Road Traffic Act, and on August 26, 2009, the above court received on August 26, 2009 a summary order of 3 million won of a fine, respectively.

On July 19, 2013, at around 22:37, the Defendant driven B rocketing car under the influence of alcohol content of about 0.125% at a section of about 50 meters from the front of the ridge 531 Sim-dong in the same Simar Do to the front of the “Electronicland” in the same Simar 531.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial report of an employee;

1. Previous records: Application of inquiry reports and investigation reports (former records and attachment of judgment), such as criminal records, etc.;

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 suspended execution (it shall be taken into account that there is no person who has been punished for a period exceeding the fine even though he/she had a previous record of drinking alcohol driving, and that there is another person who will not drive a motor vehicle again, such as transferring his/her motor vehicle, and that there is a child living together);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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