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(영문) 의정부지방법원 2014.02.07 2013고단4062
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

The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on January 9, 2009, and a fine of two million won for the same crime at the Jung-gu District Court on November 17, 201.

On July 13, 2013, at around 04:00, the Defendant driven B the mecin car with a blood alcohol content of about 0.169% under the influence of alcohol in approximately 20 meters from the 04:05 day from the roads in front of the Dog-dong, Dog-si, the Dog-si, the Government-dong, the Dog-si, the Dog-si, the Dog-si, the next road of the Dog-si.

Accordingly, the Defendant driven a motor vehicle, etc. while under the influence of alcohol as a person who driven a motor vehicle not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. An accident-related photograph;

1. A report on detection of a host driver;

1. A report on investigation;

1. Written estimate;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of two copies of judgment-making Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, including the fact that there exists no previous or twice criminal record exceeding the previous fine,

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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