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(영문) 수원지방법원 여주지원 2012.12.27 2012고합209
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 April 30, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Sungwon District Court's Sungnam branch on April 30, 201, and on March 18, 201, the Defendant received a summary order of KRW 3,50,000 as a fine for a violation of the Road Traffic Act (driving).

On September 24, 2012, around 22:40, the Defendant driven a shower car in the state of alcohol with approximately 100 meters alcohol concentration 0.064% in the section of approximately 100 meters from the front side of the Yacheon-si Yacheon-si Yacheon-si Yacheon-si, to the front side of the Yacheon-si Yacheon-si Yacheon-si Yacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Before judgment: Application of the Acts and subordinate statutes of a summary order on March 18, 2011, 201, 2010 Gowon-nam Branch of the Suwon District Court and about 2010 Gowon-nam Branch of the Suwon District Court and about 2010 Gowon-won Branch of the Suwon District Court;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. has no record of criminal punishment except for the punishment of a fine of one million won in 2007, as stated in its reasoning. In this case, in full view of the following: (a) Defendant’s blood alcohol concentration is relatively high; (b) Defendant’s blood alcohol concentration is not much high; and (c) Defendant is against his/her will; (d) Defendant supports his/her mother and his/her two daughters; and (b) social ties are also smooth.

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