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(영문) 수원지방법원 여주지원 2014.01.27 2013고단1147
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, and a fine of KRW 1,50,000 as a fine in the same court on July 11, 2013.

On October 15, 2013, at around 23:45, the Defendant driven B rocketing car from the Hongmun-dong Red House to the Changdong Cultural Direction of the same city under the influence of alcohol by 0.063%.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate 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 (see, e.g., Supreme Court Decision 201Da1548, May 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into consideration that the defendant has no criminal record of the same kind of suspended execution or higher, drinking alcohol, driving distance,

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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