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(영문) 의정부지방법원 2013.04.19 2012고합804
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

Criminal facts

[criminal power] On November 5, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 3 million with a fine of KRW 3 million with a penalty of violation of the Road Traffic Act at the Jung-gu District Court on November 5, 2007, and on December 30, 2010, with a fine of KRW 3 million with a penalty of violation of the Road Traffic Act.

【Criminal Facts】

On November 21, 2012, at around 14:36, the Defendant driven CA car from the front of the rest area in the Gocheon-si, Gocheon-si, the C car from the front of the rest area in the Gocheon-si, Gocheon-si to the front of the Dong dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than three times), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol not less than 0.1% but less than 0.2%) concerning a crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act due to a drunk driving on at least three occasions heavier than the quality of the crime);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act that has no record of being punished for the same crime

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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