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(영문) 수원지방법원 안양지원 2013.07.12 2013고단607
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

The Defendant was sentenced to a fine of 3.5 million won on June 4, 2009 at Suwon District Court due to a violation of the Road Traffic Act (driving) and a suspended sentence of 1 year on May 26, 2009, respectively.

At around 22:07 on October 22, 2013, the Defendant, as a B driver, driven approximately 1 km in front of a pair apartment in the same time as in front of the Sinpo-dong, Sinpo-si, Sinpo-si, Sinpo-si around 0.154% of blood alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, investigation reports (Attachment to the same criminal records, summary orders, etc.);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 4 years after the confession of a crime and reflect on the crime, the records of punishment for a drunk driving, and the last 4 years after the punishment is imposed, taking into account circumstances of driving, distance from driving, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation, etc.);

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

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