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(영문) 의정부지방법원 고양지원 2014.01.03 2013고단2078
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] On July 29, 2005, the Defendant received the notification of a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 29, 2005, and a fine of KRW 1 million for the same crime in the same court on July 21, 201.

【Criminal Facts】

On October 20, 2013, at around 03:30, the Defendant driven a CMW car under the influence of alcohol content of about 0.226% at the front of the farm at the entrance of the CY entrance located in the same shill-dong, Seoyang-gu, Seoyang-gu, Seoyang-dong, Seoyang-gu, Seoyang-gu, 870, on the front road of the light village complex.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment (to take into account the fact that there is a very high drinking level and twice drinking-hour);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following factors: the fact that the accused is against his/her wrong recognition and the fact that he/she has no criminal record other than the fine):

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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