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(영문) 수원지방법원 2014.10.22 2014고단3614

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 5, 2014, at around 22:58, the Defendant driven a B-wing and III cargo vehicle under the influence of alcohol content of about 0.132% at a section of approximately 1 kilometer from the roads near the mouth of the mouth in the Suwon-gu filmdong, Suwon-gu, Suwon-si to the transmission route of the Suwon-gu, Suwon-si to the nine-way road.

2. On June 24, 2014, around 12:48 on June 24, 2014, the Defendant driven the B wing-III Cargo Vehicle with a blood alcohol concentration of 0.231% under the influence of alcohol in approximately one minute from the front of the Suwon-gu Suwon-si, Suwon-si to the front of the National Bank located in 353 as the same water quality.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to reports on the state of standing and statement of drivers;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 provides that the execution of a sentence shall be suspended periodically by taking into account the fact that the defendant has been punished for drinking on three occasions, but it is not good to commit a crime by drinking twice during the short period of time, in addition to a fine, his/her mistake is divided, and that there is no special

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;