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(영문) 수원지방법원 2014.01.08 2013고단5366
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 December 15, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site on December 15, 2008, and a fine of one million and five million won for a violation of the Road Traffic Act at the Suwon District Court on September 10, 2010, respectively.

Although the Defendant had been punished for the violation of the Road Traffic Act more than twice, on August 25, 2013, the Defendant driven C vehicle within the four kilometers radius from the Defendant’s house located in the Gesung City B to the same 586-3rd road in the same time as it was under the influence of alcohol concentration of 0.106% on August 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act shall be suspended to suspend the execution of the sentence, taking into consideration the following factors: although the criminal defendant had been punished for driving under drinking, he/she is not guilty of driving under drinking again even though he/she had the record of

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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