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(영문) 의정부지방법원 2013.11.20 2013고단2944
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 December 24, 2010, the Defendant has the record of being issued a summary order of KRW 2.5 million in a district court with a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, a fine of KRW 1.5 million in the same court on March 16, 2009, and a fine of KRW 1 million in the same court on December 23, 2008 in the same court as the same crime.

On August 13, 2013, at around 23:06, the Defendant driven a B-to-purd vehicle at approximately 50 meters section from the entrance of the off-to-face apartment located at the mouth of Gangwon-si, Gangwon-do to the vehicle inspection station located at the same Ri, while under the influence of alcohol by 0.118% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to report the same summary order;

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 (limited to the previous case and three times, but not exceeding the fine, and considering the fact that there is no previous offense, and the fact that the punishment is reflected);

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

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