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(영문) 수원지방법원 여주지원 2013.10.25 2013고단771
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 September 18, 2009, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and on October 11, 2010, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at Daejeon District Court.

On August 14, 2013, the Defendant was under the influence of alcohol with 0.124% of blood alcohol level 0.124% on August 21, 2013, and the Defendant driven B-low vehicle within approximately 100 meters from the vicinity of the “hakwon,” located in the Asia-Eup, Yacheon-si, Gyeonggi-do to the front of the “Saridong Tridongri” located in the same Si-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous convictions indicated in judgment: The application of references to criminal records and investigation reports (Attachment of summary order) and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has no previous conviction or heavier than the suspension of execution and his/her mistake is divided);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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