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(영문) 수원지방법원 2013.06.05 2013고단646
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 June 5, 2008, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Suwon District Court, and on July 14, 2010, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act at the Suwon District Court.

피고인은 2013. 2. 15. 23:07경 혈중알콜농도 0.161%의 술에 취한 상태에서 화성시 진안동에 있는 쿡감식당 앞 도로에서부터 같은 동에 있는 삼성웨딩홀 앞 도로에 이르기까지 약 200미터 구간에서 B 포르테쿱 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Previous records: Application of inquiry statements, such as criminal records, investigation reports (Attachment to a copy of the same type of crime judgment, etc.);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confessions and reflective points);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of the sentence shall be suspended at once only in consideration of all the circumstances, such as the fact that the criminal defendant was punished for driving under the influence of alcohol twice again, but the nature of the crime is inferior due to driving under the influence of alcohol again, confession and reflectiveness, etc.);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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