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(영문) 수원지방법원 2015.04.22 2015고단120

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 November 30, 2007, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act, and a fine of four million won for the same crime in the same court on November 16, 2012.

On December 13, 2014, the Defendant, while under the influence of alcohol of 01:14% of blood alcohol concentration, driven B rocketing car at a section of about 500 meters from the Rampaow, which is located in the port of Yongsan-gu, Busan Metropolitan City, to the front of the restaurant, from the Rampa in the same location, to the “sea with the same location.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking alcohol driving, and on the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes on criminal records, etc., check-up records of the same kind of crime, and attach a summary order, - Medical Assistance 2007 high-level and approximately 20787 high-level summary order, - Medical Assistance 2012 high-level and approximately 16438

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 2009Da15488, 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;