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(영문) 수원지방법원 2013.06.19 2013고단746
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 November 17, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 17, 2006. On October 1, 2010, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving). On December 10, 201, the Defendant was sentenced to a fine of three million won by the same court on December 10, 201.

On February 16, 2013, at around 01:03, the Defendant driven a national bank located in the Jinho-si, Jinho-si, and then driven a B rocketing car owned by the Defendant with approximately 100 meters alcohol concentration of about 0.123% from the 100m section to the roads in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. A report on the actual state of the driver;

1. Previous records: Application of inquiry statements, investigation reports (former records and attachment of judgment), and statutes, such as criminal records;

1. Article 148 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession, reflectivity, and fine, in addition to punishment, taking into account the absence of any special criminal record);

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (limited to the case where the execution of a sentence is suspended at once in consideration of the reasons for the said discretionary mitigation, even though the defendant had a record of punishment for drinking driving three times again, and the nature of the crime is inferior;

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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