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(영문) 의정부지방법원 고양지원 2013.10.25 2013고단1595
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] The defendant has the same criminal power, such as a fine of 2.5 million won for a violation of the Road Traffic Act (refluence of measurement) at the Jung-gu District Court on April 17, 2000, a fine of 2.5 million won for a violation of the Road Traffic Act (refluence) at the Seoul Western District Court on June 8, 2001, and a fine of 1 million won for a violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on June 18, 2001.

【Criminal Facts】

On August 24, 2013, at around 21:55, the Defendant driven Cone Star Motor Vehicle in the state of alcohol alcohol concentration of about 500 meters at approximately 0.256% from the dives of the dives of the main road located in Goyang-gu Seoyang-gu, Goyang-gu to the front road of the transformation station located in the same Sungdong-dong on the same day at around 22:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The application of Acts and subordinate statutes to a report on the control of drinking driving and the status of drinking drivers;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment (to take into account the fact that there is a very high level of drinking practice) with respect to criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (all circumstances shown in the record, such as the fact that the defendant is against his misunderstanding, that the previous criminal records are all crimes before 2001, that the defendant should support his / her family, etc.);

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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