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(영문) 수원지방법원 안산지원 2013.07.17 2013고단1173
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 4, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and on March 19, 2012, a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, respectively.

On May 20, 2013, at around 16:50, the Defendant driven C Laren car from the front side of a restaurant where the trade name in the Silung-dong is unknown while under the influence of alcohol with 0.167% of blood alcohol concentration.

Accordingly, the defendant was a person who violated two times the drinking driving, and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A written report from an employee of an employer;

1. An accident site photograph;

1. Vehicle photographs;

1. Previous records: Application of Acts and subordinate statutes of inquiry reports and investigation reports (a copy of the summary order decision attached);

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

3. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the fact that the defendant confessions the crime of this case, is against the law, and that the defendant has no record of being punished heavier than the fine).

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

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