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(영문) 의정부지방법원 2014.08.07 2014고단1943
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 of the final judgment.

Reasons

Punishment of the crime

On November 29, 2011, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court, and a summary order of KRW 2 million for the same crime at the same court on April 4, 2012.

On May 26, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a B-hand car under the influence of alcohol with approximately 0.210% alcohol concentration from the 300-meter section of the 300-meter radius to the front road, from the ho Government-si from the ho Government-si front of the ho Government-si's Hodong-si's Hodong-si's Mutual Until the front road, the Defendant driven a B-hand car under the influence of alcohol concentration of about 80 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (Attachment of summary orders)-related 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

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

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

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