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(영문) 수원지방법원 여주지원 2013.03.22 2013고단43
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 October 15, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the inn court of Suwon District Court on October 15, 2007. On May 24, 2010, the Defendant issued a summary order of KRW 1.5 million for the same crime in the same court.

Criminal facts

On December 21, 2012, around 00:17, the Defendant driven BM5 car at approximately 50 meters under the influence of alcohol concentration of 0.146% from the front of the gas station in the Hacheon-si, Hacheon-si, Hacheon-si to the road in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to references to criminal records and investigation reports (reports attached to sound records and summary orders);

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 on the stay of execution (In consideration of the fact that there is no record that the defendant has been punished for the same crime);

1. It shall be decided as per Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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