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(영문) 의정부지방법원 고양지원 2013.08.30 2013고단1076
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

[criminal power] On June 29, 2007, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, and a violation of the Road Traffic Act, and a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Western District Court on November 9, 2009.

【Criminal Facts】

On May 29, 2013, the Defendant, while under the influence of alcohol of 0.201% of blood alcohol concentration on May 23:35, 2013, driven Cpoter cargo vehicles at approximately 1.5 km from the front day of the 2nd Dong-dong Community Center in the Soyang-dong, Seoyang-gu, Gyeonggi-gu, Gyeonggi-do, to the front road, or from around 1.5km to the front road.

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 situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, response to requests for appraisal, and reports on requests for appraisal by a drinking driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (including the fact that there are two drinking-hours and the fact that drinking-water is very high, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (General circumstances, such as the fact that the defendant has mistakenly recognized his/her misunderstanding, the fact that he/she should support his/her family, the fact that he/she has no criminal record other than the fine, etc.);

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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