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(영문) 수원지방법원 2014.12.18 2014고단5862
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 December 28, 2007, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on December 28, 2007, and KRW 3 million as a fine for a violation of the Road Traffic Act at the Daegu District Court Kimcheon Branch on July 16, 2012.

【Criminal Facts】

On October 15, 2014, at around 18:00, the Defendant driven a BTXG car with a blood alcohol content of about 0.108% from around 70 meters away from the 3rd apartment complex near the Jeju-si town apartment complex to the front road near the apartment complex of the said Jeju-si complex.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her primary driving, the state of his/her statement;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and other 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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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