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(영문) 수원지방법원 2014.11.27 2014고단4937
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 24, 2008, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act at the Suwon District Court on July 24, 2008, and on August 12, 2010, the Defendant was sentenced to a suspended sentence of three years for the crimes of violation of the Road Traffic Act.

On August 22, 2014, around 03:55, the Defendant driven Ccoon-line vehicles with a blood alcohol content of about 0.171% from the 8km section from the front of the mutual influoral fluoral fluor, which is located in the top of the wife population, to the front of the water source TG distance located in the Heung-si, Young-si, Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Previous records of judgment: Application of criminal records, inquiry reports (former records, summary orders, and judgment attached thereto) and statutes;

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. Mitigation of discretionary work: Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Aug. 12, 2010) (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2011);

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

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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