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(영문) 수원지방법원 2014.06.12 2014고단1272
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

[criminal power] On June 22, 2007, the Defendant issued a summary order of KRW 1 million by the Suwon District Court as a fine for a violation of the Road Traffic Act (driving). On November 7, 2008, the same court issued a fine of KRW 5 million as a fine for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving) in the same court on December 13, 201, KRW 3 million as a fine for a violation of the Road Traffic Act (driving). On March 10, 201, the same court issued a summary order of KRW 7 million as a fine by the same court on March 10, 2014.

【Criminal Facts】

On March 3, 2014, at around 23:16, the Defendant driven BCC 2.0 TRI car while under the influence of alcohol concentration of 0.060% on the front of the Dollium in Young-gu, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act for providing community service and attending lectures should be punished strictly as having been committed by the Defendant because the Defendant did not keep the Defendant even one month after his/her control over drinking driving on February 7, 2014. However, the Defendant’s mistake is against himself/herself, there is no history of punishment heavier than a suspended sentence, and all the sentencing conditions, including blood alcohol concentration, etc. at the time of drinking driving of this case, shall be determined as per the order.

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