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(영문) 수원지방법원 여주지원 2014.04.14 2014고단139

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 August 28, 2007, the defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on August 28, 2007. On November 22, 2007, the court issued a summary order of 4 million won for a violation of the Road Traffic Act (driving). On May 29, 2009, the court issued a summary order of 1.5 million won for a violation of the Road Traffic Act (Free Driver).

On January 19, 2014, the Defendant was under the influence of 02:20% of blood alcohol concentration of 0.103%, starting from the road 225-2 in Gyeonggi-si, the Defendant driven a temporary number B horse in the section of approximately 2km to the road in front of the Aasthic Environment Office of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previouss before judgment: Application of a reply to criminal records, replys to investigation, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that 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 (it shall be considered that there is no criminal record of the same kind of suspended sentence or more);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;