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(영문) 수원지방법원 안양지원 2013.10.30 2013고단994
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 June 27, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Suwon District Court, and two million won as a fine in the Gyeyang Branch of the Suwon District Court on December 11, 2009, respectively.

On July 3, 2013, at around 07:40, the Defendant driven a motor vehicle E-line under the influence of alcohol content of approximately 0.087% from a 100-meter distance from the front of the Defendant’s house located in Guang City B to the front of the D Hospital located in Guangsi City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. Taking into account the fact that taking lectures and the crime of sentencing under Article 62-2 of the Criminal Act is against the reason for sentencing, the fact that there is no previous conviction other than fines, and the fact that the defendant supports two minor children without his/her spouse and is likely to face difficulty in his/her livelihood if he/she is detained, the punishment shall be determined like the order;

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