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(영문) 수원지방법원 여주지원 2012.12.27 2012고합216
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 April 24, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on July 31, 2009, the same court received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act.

At around 15:00 on October 26, 2012, the Defendant driven a C-gner car at a section of about 2 km from the road located in the Song-ri, instead of the Gyeonggi-gun, in a state of alcohol alcohol concentration of 0.108%, to the cheon-ri, in lieu of the Gyeonggi-gun, the Defendant driven a C-gner car at a section of about 2 km from the road located in the Song-ri, instead of the Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions in the judgment: Application of the summary order under the Acts and subordinate statutes of the Suwon District Court of Korea on April 24, 2009, 2009 High Court Order No. 1417 dated April 24, 2009, and the branch court of Suwon District Court of Suwon District Court of Korea on July 31, 2009;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

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

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

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