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(영문) 수원지방법원 2014.07.10 2014고단2322

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] The defendant was punished by a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Gyeyang-gu District Court on April 24, 2009, and a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court on October 15, 2010.

【Criminal Facts】

On April 26, 2014, at around 00:43, the Defendant driven a B-hand car at a distance of about 1 km from the Suwon-si transfer-dong to the road before Suwon-si, Suwon-si, the right line of which is 589, to the road before Suwon-si, Suwon-si, with a blood alcohol concentration of at least 0.170%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 2009Da1548, Apr. 1, 2009);

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;