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(영문) 수원지방법원 2015.02.04 2014고단7021

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 March 10, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on December 3, 2009.

On November 23, 2014, at around 21:23, the Defendant driven a rash car in the state of alcohol with a blood alcohol concentration of about 0.179% at the section of about 5km from the front day of the 21:23, Young-gu, Young-gu, Young-gu to the front day of the Singu, Singu, U.S., U.S., U.S. C.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A report on the actual status of a host driver;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed by taking into account all the circumstances, such as the fact that a person has been punished for driving under the influence of alcohol again though it is not good to commit a crime by driving under the influence of alcohol again, his/her mistake is divided, and there is no special criminal record in addition to a fine);

1. Article 62-2 (1) of the Criminal Act to attend lectures;