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(영문) 수원지방법원 2013.12.04 2013고단5279
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 31, 2007, the Defendant was sentenced to a fine of 3.5 million won for the crime of violation of the Road Traffic Act at the Suwon District Court, and on April 10, 2008, to imprisonment with prison labor for 6 months and 2 years for suspended execution, respectively.

On August 19, 2013, at around 21:55, the Defendant driven the foregoing vehicle, at around 300 meters in the section of approximately 0.189% of blood alcohol concentration, from the street in front of the nives of the nives of the nives of the nives of the Gyeonggi-si in Gwangju-si to the nives of the same Eup in front of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: Application of inquiries, investigation reports, and statutes, such as criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act shall be suspended only once, considering the fact that even though the defendant had been punished for driving on five occasions, he/she has no record of punishment for driving under drinking after 2008, and that he/she has made confessions and reflects it);

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;

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