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(영문) 수원지방법원 여주지원 2013.11.01 2013고단864

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 sentenced to a fine of KRW 1.5 million on February 6, 2006 to a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong site on February 6, 2006; a fine of KRW 1 million on March 31, 2009 to the same crime in the leisure branch of Suwon District Court; and a fine of KRW 1 million on March 26, 2010 to the leisure branch of Suwon District Court for the same crime.

【Criminal Facts】 On August 9, 2013, at around 23:05, the Defendant driven B-low-income cars from around 200 meters away from the roads in front of the G-cheon-si Chang-dong, Gyeonggi-si, to the roads in front of the Echeon Employment Center located in the same Dong, while under the influence of alcohol of 0.103% of blood alcohol level.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal records of probation or heavier) ;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;