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(영문) 수원지방법원 여주지원 2013.10.25 2013고단789
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Power】 The Defendant is a person who was sentenced to a fine of one million won on July 31, 200 to a violation of the Road Traffic Act at the credit branch of Suwon District Court on February 31, 200, a fine of three million won on January 17, 2001 to a fine of the same crime at the Seoul East District Court, and two years on November 13, 2002 to a suspended sentence of eight months in imprisonment for the same crime at the credit branch of Suwon District Court on March 26, 2003; the imprisonment of six months for the same crime at the credit branch of Suwon District Court on February 1, 2007 to a fine of one million won for the same crime at the credit branch of Suwon District Court on August 27, 201 to a fine of one million won for the same crime, respectively.

【Criminal Facts of Crimes】 On August 11, 2013, the Defendant driven a rocketing car from approximately 50 meters to the roads of “Echeon Employment Center,” located in the same Dong and located in the Hocheon-si, Lee-si, Gyeonggi-si, under the influence of alcohol content of 0.07%.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached reporting, such as a summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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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