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(영문) 수원지방법원 2013.06.26 2013고단767
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 May 11, 2007, the Defendant received a summary order of KRW 3,50,000 from the Suwon District Court to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3.5 million due to a violation of the Road Traffic Act (driving on August 27, 2010).

On February 1, 2013, at around 00:05, the Defendant driven BM5 vehicles in the state of drinking alcohol concentration of approximately 0.127% from the area of approximately 5km to the roads in front of approximately 728-18, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Report: Application of Acts and subordinate statutes to inquiries and inquiries, 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 on the stay of execution (the period of suspension of execution of a sentence shall be the period after the suspension of execution of the sentence is made, considering the following facts: although the defendant has a past record of punishment for drunk driving in 2004, 2007, and 3 times, 2010, he is not guilty of a crime by driving under drinking again, he/she shall be sentenced to the suspension of execution of the sentence,

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

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