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(영문) 수원지방법원 평택지원 2015.03.26 2014고단1594
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 September 21, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's Eunpyeong site as well as a summary order of KRW 4 million as a fine for the same crime in the same court on August 2, 2013.

On September 19, 2014, at around 0.077% of the blood alcohol concentration, the Defendant driven BDame Dok Cargo at approximately KRW 300 meters from the roads near the Seo-dong Haak-dong, Seo-dong, and the roads near the Dong-dong, the same city-si, to the roads near the Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Criminal records, inquiry reports, and investigation reports (verification of the same type of crime records);

1. Summary order and application of Acts and subordinate statutes; and

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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