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(영문) 수원지방법원 여주지원 2013.07.01 2013고단359

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 3, 2007, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court due to the crime of violation of the Road Traffic Act (driving). On March 24, 2010, the Defendant issued a summary order of KRW 1.5 million by the same court as the crime of violation of the Road Traffic Act (driving) and each of the above summary orders became final and conclusive.

피고인은 2013. 4. 15. 20:25경 경기 여주군 여주읍 홍문리에 있는 여주군청 앞길에서부터 같은 읍 천송리 소재 신륵사 사거리 교차로를 경유하여 같은 군 강천면 도전리에 있는 도전식당 부근 길 앞까지 약 15km의 구간에서 혈중알코올농도 0.106%의 술에 취한 상태로 C 스타렉스 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to a summary order, etc. of a suspect A);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the option of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the criminal defendant has been a previous criminal offense of the same kind, but a relatively old criminal offense

1. Probation, orders to provide community service and attend lectures, the main sentence of Article 62-2 (1) and (2) of the Criminal Act, and Article 59 of the Act on Probation, etc.;