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(영문) 의정부지방법원 2014.07.29 2014고단1526
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 September 21, 2012, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on May 23, 2014, the Seoul Northern District Court issued a summary order of KRW 4 million (the date and time of the violation are April 9, 2014) for the same crime.

On April 10, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a bring vehicle under the influence of alcohol with approximately 0.117% alcohol concentration from the 1km section of approximately 1km to the front road of Dong-ro 395-ro 74-16 (private labor) of Dong-gu, Dong-ro 395-ro, Dong-ro 217-14.

Summary of Evidence

1. Defendant's legal statement;

1. A report on requests for appraisal, and a written report on the driver's license;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (attached to a summary order), summary order, and application of Acts and subordinate statutes as a result of integrated case search;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [Article 53 and 55 (1) 3 of the Criminal Act has no history of punishment exceeding a fine; Article 55 (1) 3 of the said Act states that there is no history of punishment imposed by the defendant; Article 55 (1) of the said Act recognizes his/her mistake and shows his/her attitude of penance; the time of collecting blood from the defendant is likely to rise in

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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