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(영문) 수원지방법원 여주지원 2014.08.25 2014고단486
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 13, 2012, the Defendant received a summary order of KRW 1 million for the violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong Housing Site as well as a summary order of KRW 2 million for the same crime on May 30, 2012, respectively.

On October 22, 2014, around 22:05, the Defendant driven a B-car under the influence of alcohol with approximately KRW 300 meters alcohol concentration of 0.187% from the road near the “Radodoe Lease,” located in the E-Sacheon-si, E-Sacheon-dong, to the road front of the “Yadoeggn-dong,” located in the same Si-Sacheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of the driving of the State and the report on the results of appraisal by the National Scientific Investigation Institute;

1. Previous convictions indicated in judgment: Application of criminal records and (report attached to the previous and summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the grounds for the confession and reflecting of the crime by the defendant);

1. Article 62 (1) of the Criminal Act (including the absence of criminal records of the same kind of suspended sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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