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(영문) 수원지방법원 여주지원 2013.12.27 2013고단1052

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

[Criminal Power] On February 15, 2007, the Defendant was sentenced to a summary order of 2 million won for a crime of violating the Road Traffic Act in the credit branch of Suwon District Court on February 15, 2007. On June 23, 2009, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act (driving) in the Jeonju District Court's branch court.

【Criminal Facts】

On October 1, 2013, at around 03:23, the Defendant driven a BM520 vehicle under the influence of alcohol level 0.174% of alcohol level, from the front of the restaurant located in the Yacheon-si, Leecheon-si to the front of the windowper box located in the Yacheon-si, Leecheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached reporting, such as summary orders);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant has no drinking record for the last three years or longer, and that his mistake has been pened);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;