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(영문) 수원지방법원 여주지원 2014.08.29 2014고단465
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 May 20, 2014, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the credit branch of Suwon District Court on May 20, 201, and on December 4, 2008, the Defendant was issued a summary order of one million won for the same crime at the Sungnam branch of Suwon District Court.

On May 28, 2014, at around 22:40, the Defendant driven Category B 3 vehicles from approximately 100 meters from the front side of the restaurant in the trade name in Jungcheon-si, Gyeonggi-si to the front side of the same Dong Seocheon-si, G 3 vehicles in approximately 100 meters, while under the influence of alcohol of 0.139% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on confirmation, and application of a copy of each summary order under Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that he/she has no criminal record of probation or heavier for the same crime);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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