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(영문) 의정부지방법원 고양지원 2013.03.21 2012고단1728
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

1. On October 16, 2012, at around 19:20, the Defendant driven a B car car in the section of approximately 3 km from the 19:40m to the 3km away from the flusium of the Seoul Special Metropolitan City of Pakistan to the flusium of the Seoul Special Metropolitan City of Pakistan at around 19:40 on the same day, while under the influence of alcohol by blood alcohol content of 0.070%.

2. On December 4, 2012, at around 09:12, the Defendant driven a 10km car at the section of approximately 10km from the day before the Paju Confecte club located in the Sinju City/Gu, Pakistan-si, to the area near the two complex near the Paju Paju Complex located in the Sinju-si, Pakistan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of each host driver;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a drunk driving as stated in paragraph (2) of the same Article, the choice of imprisonment), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of a drunk driving as stated in paragraph (1) of the same Article, and the choice of imprisonment);

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment as provided for in paragraph (1) of the same Article which is heavier than the punishment);

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of being sentenced to imprisonment without prison labor or a heavier punishment, and that his mistake is repented and reflected, etc.);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 (1) of the Act on Probation, Etc.;

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