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(영문) 수원지방법원 2013.09.25 2013고단3324
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2007, the Defendant was sentenced to a suspended sentence of 2 months at the Suwon District Court for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents or for a violation of the Road Traffic Act, and was sentenced to a suspended sentence of 3 months on April 21, 2009 by the same court as the imprisonment for a violation of the Road Traffic Act or a violation of the Road Traffic Act.

Although the Defendant was punished on two or more occasions due to drunk driving as above, the Defendant had been punished on 2013

6. Around 21:28, at around 21:28, he driven a car B in the state of alcohol with a blood alcohol concentration of about 0.130% from the 5km section of approximately 5km to the front side of the scinary scinary scinary scin in the local government of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Application of Acts and subordinate statutes, such as inquiries about criminal records, investigation reports (reports on attachment to the same kind of judgment, etc.);

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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall be suspended only once in consideration of the fact that the criminal defendant has no record of being punished for drunk driving for the last three years, confessions and reflects that he/she has been found to be guilty for driving

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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