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(영문) 수원지방법원 2013.11.13 2013고단5075

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 August 14, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on August 14, 2009, and the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on October 15, 2010.

Although the Defendant had been punished for a violation of the Road Traffic Act two times, at around 23:20 on August 31, 2013, the Defendant driven a B-hurp-p-p-p-p-p-p-p-p-p-p-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C-W-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous records of judgment: Application of inquiry statements, investigation reports (former records and reports attached to judgments), and statutes, such as criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be suspended in consideration of all the circumstances, including the following: although the defendant was punished for driving on five occasions again, the nature of the crime is poor, confession, reflectivity, and distance of driving is relatively short

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;