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(영문) 수원지방법원 2014.02.12 2013고단6868
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 September 23, 2009, the Defendant received a summary order of KRW 3 million from the Suwon District Court as a crime of violation of the Road Traffic Act, and KRW 3 million from the Seoul Northern District Court on November 2, 2010 as a crime of violation of the Road Traffic Act.

On December 5, 2013, at around 23:49, the Defendant driven B K5 car under the influence of alcohol content of about 0.066% through a section of approximately 1km from the vicinity of the Seocho-gu Kug-gu, Suwon-si Office, to the roads in front of the Rural Development Administration in the same Seocho-dong, which is located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, a criminal investigation report (Attachment to the previous and summary order);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62 (1) of the Criminal Act suspended execution (the execution of a sentence shall be suspended at a cycle by taking into consideration the fact that the defendant has been punished for driving five times under drinking again, but the nature of the crime is inferior, but confessions and reflects are made, and that the blood alcohol concentration is low, etc.);

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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