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(영문) 수원지방법원 2015.11.11 2015고단4446
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

[criminal power] On November 9, 201, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on November 9, 201, and on December 26, 2013, the same court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 26, 2015, around 22:34, 2015, the Defendant: (a) planned a vehicle in a state of alcohol with a blood alcohol content of about 0.063% from a section of about 500 meters from the 704 KT telephone site parking lot in the Mimpon-dong 704 KTV-dong to the front road in the GTV-dong city; and (b) driven the vehicle.

Accordingly, although the defendant had driven a motor vehicle twice more, he/she again driven a motor vehicle in a drunken condition.

Summary of Evidence

1. Defendant's legal statement;

1. Main drivers, reports on the current status of drivers, and measurement instruments and output;

1. To apply criminal records, inquiry reports, and each summary order statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (i.e., the fact that the commission of a crime is recognized and reflected, and that there is no criminal record exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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