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(영문) 수원지방법원 2015.04.08 2015고단266

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

The Defendant, at the Suwon District Court on April 3, 2009, has the record of being sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act, and on August 14, 2013, by the same court on August 14, 2013, to a summary order of two million won by a fine for a violation of the Road Traffic Act.

On December 25, 2014, at around 13:20, the Defendant driven approximately one meter in order to move Lone Star Co., Ltd. parked under the influence of alcohol 0.185% in the street in front of 596-17.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of the control of drinking driving;

1. Application of two Acts and subordinate statutes of the previous offense report, inquiry report, investigation report (verification of the same criminal records), and summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 2009);

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

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