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(영문) 의정부지방법원 고양지원 2013.11.27 2013고단1554
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 28, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 28, 2009, and on April 17, 2012, the Defendant was sentenced to a fine of five million won for the same crime, etc., and the same force has more than five times.

Criminal facts

On August 21, 2013, around 23:48, the Defendant driven C rocketing car with approximately 100 meters alcohol concentration 0.232% under the influence of alcohol from the 100-meter section to the roads of Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. The circumstantial report of an employee;

1. Criminal records;

1. Application of Acts and subordinate statutes reporting on filing of summary orders in the same case;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

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

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