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(영문) 수원지방법원 여주지원 2013.04.29 2013고단184
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 28, 2010, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the credit branch of Suwon District Court on July 17, 2010, and the said summary order became final and conclusive on July 17, 2010. On June 17, 2011, the same court was sentenced to a fine of two hundred and five million won for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on June 25, 2011.

On October 2, 2013, around 21:55, the Defendant driven BM5 car under the influence of alcohol with approximately 0.124% of alcohol alcohol concentration at a section of approximately 1km from the roads near the water dump street in the Changdong-si, Leecheon-si to the roads front of the Leecheon Employment Center located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A written request for appraisal;

1. Previous records before ruling: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of power);

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal record of the same kind of suspended execution or more, the confession and reflect of the defendant,

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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