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(영문) 수원지방법원 안양지원 2013.06.12 2013고단433
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 May 20, 201, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 20, 201, a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 19, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on February 1, 2012.

On March 8, 2013, at around 23:57, the Defendant driven a B liquid car with the blood alcohol concentration of about 0.165% in a section of approximately 500 meters from the parking lot near nuclear sugar located in the Hoyang-gu Hodong-dong-dong-dong-dong to the front roads of the same Hodong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Four copies of the on-site photographs;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (reports attached to judgments related to the same kind of force);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Feb. 1, 201>

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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