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(영문) 수원지방법원 2015.10.28 2015고단4118
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 November 23, 2011, the Defendant issued a summary order of KRW 2 million at the Suwon District Court for a fine of KRW 2 million for a violation of the Road Traffic Act, and around June 21, 2012, the Defendant issued a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court.

On August 31, 2015, at around 22:35, the Defendant driven B-low-scale car under the influence of alcohol with approximately KRW 500 meters alcohol concentration 0.153%, from the front side of the restaurant in the administrative Donnam-gu Seoul Metropolitan Government to the front side of the main apartment house located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and a report on the situation of drinking drivers;

1. Criminal records as indicated in the judgment: Criminal records, reply reports on criminal records, and application of Acts and subordinate statutes;

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 (i.e., the fact that the commission of a crime is recognized and reflected, and that there is no criminal record exceeding the fine);

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

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

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