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(영문) 의정부지방법원 2013.11.05 2013고단3336
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 of the final judgment.

Reasons

Punishment of the crime

On July 19, 2010, the Defendant was a person who had been issued a summary order of KRW 1 million with a fine of KRW 1,500,000 by the same court on September 24, 2008. On September 8, 2013, the Defendant driven a Bunst motor vehicle at approximately 200 meters in front of “Yeong-gu Gambol cafeteria” in the vicinity of the public playground of Pyeongtaek-gu Seoul Special Metropolitan City, in the influence of alcohol level of KRW 0.183% under the influence of alcohol level around September 20:35, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: Application of inquiry reports and investigation reports (reports on the same criminal records and confirmation of the suspect)-related 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (including repeated consideration of the reasons for both punishment, which are favorable to the defendant);

1. There is room for a strict punishment on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, in light of the fact that the defendant made a confession and did not repeat a crime, and that the defendant has no record of punishment exceeding a fine due to the same type of crime and the same kind of crime, etc., the sentence as the disposition is imposed on the defendant.

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