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(영문) 의정부지방법원 2013.11.08 2013고단3453
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

[criminal power] On March 17, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 17, 2010, and on June 13, 2013, the Defendant received a summary order of KRW 2 million for the same crime at the same court on June 13, 2013, and was issued two times of the same record.

[2013 Highest 3453] Around 03:45 on October 11, 2013, the Defendant driven a CYFstna vehicle in the section of about 15 km from 15 km to 772 U.S. in the erode of the eropici elementary school, i.e., e., the e., the e., the e., the e., the e., the e., the e., the e., the e.

[2013Modan3609] On October 22, 2017, the Defendant driven a CYFstol car under the influence of alcohol content of about 0.05% from the 8km section to the front road of the “Yukdong-dong, Seodong-dong, Seodong-gu, Seodong-si, Seodong-si, Seogdong-si, Seosan-gu, Seosan-do.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records and other inquiries and investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 (including the fact that it is possible to move forward to the previous one, and that it is three times or repeated for a short period from June to October, 2013, and that the first enforcement is also regulating two times again after 5 hours in her mother and child, which is disadvantageous or unfavorable, and that it does not repeat again while it is contrary to the said good and genuine, etc.);

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

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