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(영문) 의정부지방법원 2015.06.19 2015고단693
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 April 25, 2008, the Defendant issued a summary order of a fine of one million won at the Seoul Eastern District Court for a violation of the Road Traffic Act (driving) and a fine of two million won at the Jungbu District Court on October 28, 2009 for the same crime.

On December 12, 2015, at around 01:40, the Defendant driven a B-to-purd vehicle in the state of alcohol alcohol concentration of approximately 0.179% at the section of approximately 3 km from the distance from the village to the vicinity of the dead mountain tunnel in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

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

1. Report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the accused repents and reflects his/her misconduct and that there is no record of punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act;

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

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