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(영문) 수원지방법원 2013.07.18 2013고단1624

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

On July 6, 2007, the Defendant was punished by a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 6, 2007 and a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on January 29, 2010.

On April 14, 2013, the Defendant driven a vehicle under the influence of alcohol of about 0.164% with a blood alcohol concentration of about 1 k meters from the front of the mutual convenience store in the vicinity of the Yongnam University in Yongnam-gu, Chungcheongnam-do to the front road of the upstream-dong 635-1 of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control (record of measurements);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act to attend lectures;