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(영문) 의정부지방법원 2015.07.03 2015고단717
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

On November 25, 2010, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on May 7, 2013, the Defendant issued a summary order of KRW 4 million to the same court on May 7, 2013 and was punished for drinking driving two or more occasions.

On January 30, 2015, at around 22:25, the Defendant driven approximately 1 km CM3 car from the border meltyangdong around 0.078% of blood alcohol concentration to the front road of the government-dong Do-dong Do-dong, around 22:36 on the same day.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the actual state of the driver;

1. Previous records: Criminal records, inquiry reports, and criminal investigation reports (applicable by statutes before and after the latest drinking of the accused);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201)

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

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

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