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(영문) 의정부지방법원 2013.11.06 2013고단3328
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

On March 29, 2010, the Defendant was issued a fine of one million won at the Seoul Northern District Court for the violation of the Road Traffic Act, and a fine of five million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving) at the Ansan District Court on March 29, 2012.

On August 30, 2013, around 11:30, the Defendant driven a B YH 2 under the influence of alcohol leveling 0.085% of alcohol leveling from the 17th day to the 17th day of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu 19:17, the next day from the 00:17 Guri-si 527 Traffic Seocho-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: Application of criminal records, etc. and other 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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 2011; Supreme Court Decision 201Da1148, Apr. 2, 2011)

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

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