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(영문) 수원지방법원 2013.08.28 2013고단2233

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 23, 2006, the Defendant issued a summary order of KRW 5 million from the Seoul Eastern District Court to a fine of KRW 700,000 from the Seoul Eastern District Court on May 4, 2007, a fine of KRW 1,50,000 from the Suwon District Court on 4, 2007, and a fine of KRW 80,000 from the Daejeon District Court on 8, 2010.

On October 02, 2013, at around 00:22, the Defendant driven B vehicles at a distance of about 500 meters from the upper end of the Sinwon-si Mangdong Mangdong-dong Sinwon-si to the upper end of the Sinwon-si post office in Youngdong-dong, Suwon-si, Sinwon-si, with the blood alcohol concentration of 0.07%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall be suspended, taking into consideration the following facts: although the defendant had been punished for drinking on three occasions, he/she is not guilty of the crime due to drinking again

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