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(영문) 수원지방법원 2014.12.03 2014고단5792

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 July 11, 2014, the Defendant issued a summary order of KRW 1.5 million at the Suwon District Court for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 27, 2014 for a drunk driving, which was issued by the Seoul Central District Court for a fine of KRW 2.5 million on October 19, 2014 for a violation of the Road Traffic Act.

around 00:45 on October 11, 2014, the Defendant driven a Cro-type car with a alcohol content of about 0.078% under the influence of alcohol over the section of about 2km from the front of the hydrogen pota to the lower road of the Haart in the wife population Kim Quantity-dong, Gro-type.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual status of a host driver;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (report accompanying a summary order of a suspect);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

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 postponed by taking into account the following: although the defendant was punished for driving under the influence of alcohol in a short period, he/she is not good for committing a crime by driving under the influence of alcohol again, his/her mistake is divided, his/her blood alcohol concentration is relatively low, and there

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