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(영문) 수원지방법원 2014.10.16 2014고단3717

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] On October 8, 2010, the Defendant is a person who has a record of being sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Suwon District Court on December 8, 201 and a fine of 4 million won for a violation of the Road Traffic Act at the Suwon District Court on December 28, 201.

【Criminal Facts】

On June 28, 2014, at around 02:10, the Defendant driven B Star Co., Ltd. under the influence of alcohol leveling 0.197% from the front side of the entrance of the 104-dong underground parking lot to the 104-dong underground parking lot of the same apartment from around 30 meters to the underground parking lot of the same apartment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

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