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(영문) 수원지방법원 2013.08.14 2013고단1978
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 January 16, 2013, the Defendant was issued a summary order of a fine of one million won by the Suwon District Court for a violation of the Road Traffic Act.

1. On April 24, 2013, around 23:10, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.106% from the 1km section to the front road of the Dooono Logistics Center, where the wife population is moved, from the front road of the Doono Logistics Center to the front road of the same Doonoono Logistics Center.

2. On April 26, 2013, the Defendant: (a) was sentenced to a summary order as seen above; and (b) was a person who violated Article 44(1) of the Road Traffic Act on at least two occasions, and was under the influence of alcohol at least 0.062% of the blood alcohol concentration at the 3km section of approximately 3km from the front of the large farm and horse in the direction of the head of the Dong Kim-dong, on April 26, 2013 to the street in the same Gu Kim-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Each drinking driver's report on the current status of each drinking driver, each drinking measuring instrument, and each inquiry into the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. 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);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed periodically by taking into consideration all the circumstances, such as the fact that the defendant has been punished twice for drinking, but it is inferior to the quality of the crime by driving twice in the short period like the facts constituting the crime, although he has a record of being punished twice for drinking, his confession and reflects himself

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

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