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(영문) 수원지방법원 2015.01.21 2014고단4740
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

On November 10, 2006, the Defendant was issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (driving) at the Seogsan Branch of the Daejeon District Court, and KRW 7 million on August 14, 2013, by a fine of KRW 1 million on the grounds of a violation of the Road Traffic Act (driving).

1. On August 19, 2014, at around 11:00, the Defendant driven B Poter cargo at approximately 500 meters away from the 7-est distance range in the Sejong East East East East East East East East East to the Sejong Road located in the same Dong, while under the influence of alcohol of about 0.450% in blood alcohol concentration.

2. On September 18, 2014, around 21:16, the Defendant driven B Poter cargo vehicles with approximately KRW 1 k’s blood alcohol content 0.303% under the influence of alcohol at approximately 33 Mexico or the front road from the Do in front of the neweg elementary school located at 544 km in Suwon-si, Suwon-si, Suwon-si, to the same Do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of each host driver;

1. A written report from an employee of an employer;

1. Notification of the control of drinking driving;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed by taking into consideration the fact that even though the person had been punished for driving under the influence of alcohol twice again, it is not good to commit such crime after driving under the influence of alcohol again, but there is no special criminal record other than fines, and his/her mistake is divided);

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

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