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(영문) 수원지방법원 여주지원 2013.05.10 2013고단209

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 19, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the inn branch of Suwon District Court on December 19, 2008, and on November 24, 2006, the Seoul Eastern District Court issued a summary order of KRW 1 million for the same crime. In addition, the Defendant was sentenced to a fine of KRW 1 million for the same crime, the Defendant was sentenced to more than four criminal records due to the violation of the Road Traffic Act.

Criminal facts

On February 23, 2013, at around 21:10, the Defendant driven a B car under the influence of alcohol level of approximately 0.088% in a section of approximately 1km from around 33-9 to the front day of “new hospital” in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (a summary order appended to the accused);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that no record of drunk driving has been record for the preceding four years or more, and that the defendant is deeply against his/her mistake);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;