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(영문) 수원지방법원 2013.04.26 2013고단258
도로교통법위반(음주운전)등
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 25, 2009, the Defendant was sentenced to a fine of 700,000 won for the violation of the Road Traffic Act at the Suwon District Court on September 25, 2009 and a fine of 7 million won for the violation of the Road Traffic Act at the Ansan District Court on February 3, 2012, and was in violation of the provisions on the prohibition of driving under the influence of alcohol not less than twice.

On January 4, 2013, at around 22:19, the Defendant driven a 2km car with approximately 3 km in the front road of the Simo-dong, Ansan-si, Ansan-si, in the state of alcohol of 0.116% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the occupancy of a driver;

1. Requests for appraisal;

1. The driver's license ledger;

1. Previous records: Application of criminal records and other inquiries and investigation reports (a copy of the previous report and summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession, reflectivity, and fine, in addition to punishment, taking into account the absence of any special criminal record);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be postponed considering the fact that the defendant has no special criminal record in addition to a confession, confession, and a fine, even though he/she has a record of being punished four times due to drunk driving, and one time due to driving without a license,

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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