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(영문) 의정부지방법원 2014.05.27 2014고단68
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 April 10, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on September 10, 2009, the Seoul Northern District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.

On December 1, 2013, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a CNA car under the influence of alcohol level of about 0.111% at the section of about 1km from the Do in the front of the hotel to be opened in Gwangjin-gu, Seoul, Seoul, for about 22:41 on December 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on requests for appraisal, and a written report on the driver's license;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the confirmation of the same criminal records) and other Acts and subordinate statutes;

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 2009Da14488, Apr. 2, 201)

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

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

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