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(영문) 수원지방법원 여주지원 2013.05.24 2013고단231
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 February 15, 2007, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the credit support of Suwon District Court on February 15, 2007, and a summary order of KRW 1 million for a violation of the Road Traffic Act was finalized on July 25, 2008 in the credit support of Suwon District Court.

On February 14, 2013, at around 22:05, the Defendant driven a Poter Cargo in the section B at approximately 4km from the front side of the house located in the Sowing-gun, Innju-gun, Gyeonggi-do, to the front side of the Bocheon-ri, the Eup located in the direction of the 0.069% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a copy of a summary order);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1448, Apr. 2, 201) (1)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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