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(영문) 의정부지방법원 고양지원 2013.09.13 2013고단1103
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

[criminal power] The defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act on June 17, 2008 at the Goyang Branch of Jung-gu District Court (hereinafter referred to as the "Monk") and a suspended sentence of 2 years for the same crime on August 6, 2009.

【Criminal Facts】

around 00:11 on June 8, 2013, the Defendant driven B, under the influence of alcohol, B, 0.083% of alcohol content at approximately 50 meters from the front road of the Hansan-si Pream Village 138, Yongsan-gu, Mangnsan-si to the fourth apartment complex of the same Gounsan-dong from the front road to the fourth apartment complex of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment (including two-time imprisonment with labor, etc.);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (general circumstances, such as the fact that the defendant makes a confession and reflects the fact that the defendant committed a crime before 2009, both the previous and previous departments are crimes, and the fact that the values of drinking alcohol are not high);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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