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(영문) 수원지방법원 2014.09.04 2014고단3687

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 February 21, 2008, the Defendant was issued a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on February 21, 2008; on May 13, 2013, a summary order of 1.5 million won for the same crime at the Seoul Western District Court on May 13, 2013; and on June 12, 2014, a person who has violated Article 44(1) of the Road Traffic Act on more than two occasions, such as summary indictment for the same crime.

On June 25, 2014, the Defendant, while under the influence of alcohol of 0.065% of blood alcohol concentration at around 22:57, 00, driven BK5 cars at approximately 5km from the 5km section around the Gamba-dong in the Sungnam-si, Sungnam-si to the front road in the Pukcheon-dong, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the judgment, etc. of the same kind of power), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the reflection of the fact and the absence of any record of punishment exceeding the fine due to the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;