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(영문) 수원지방법원 여주지원 2014.01.24 2013고단1072
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 20, 2010, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act, at the Jung-gu District Court on August 20, 2010, and on June 8, 2012, the Seoul Eastern District Court issued a summary order of KRW 5 million for the same crime, etc.

On September 26, 2013, the Defendant, while under the influence of alcohol of 0.162% of blood alcohol level around 23:10 on September 26, 2013, driven a frand freight vehicle B from approximately 500 meters to the front day of the “spand traditional market” located in Echeon-si, Echeon-si, Gyeonggi-do to the front day of the “spandic Capital” located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to judgment);

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal records of probation or heavier) ;

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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