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(영문) 의정부지방법원 고양지원 2014.03.21 2013고단2278
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 10, 2004, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court High Court in order to take a summary order of KRW 1 million for a crime of violating the Road Traffic Act, on October 11, 2007, a summary order of KRW 1.5 million for the same crime in the same court on October 11, 2007, and on November 9, 201, a summary order of KRW 2.5 million for the same crime in the same court on the same day.

On November 26, 2013, at around 18:10, the Defendant driven a car with approximately 10 meters in c. C in the state of alcohol concentration 0.279% under the influence of alcohol on the back side on the backway, following the “Embluri Emba” located in the salary-to-Eup, Youngju City, P.C.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of exploitation;

1. Making a report on the control of drinking driving;

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

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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