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(영문) 수원지방법원 여주지원 2014.01.10 2013고단1048
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2008, the defendant was issued a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act. On August 30, 2010, the defendant was issued a summary order of KRW 4 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

At around 13:15 on September 12, 2013, the Defendant driven CK5 car at the section of about 10 km from the Empire parking lot located in Yari-ri, instead of the sports leisure zone, at the time of the sports leisure, from around 0.15 to the front day of the Sejong-dong, the Defendant driven CK5 car at the same time from the Empire parking lot located in Yari-ri to the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Certificates of blood alcohol by the National Science Investigation Institute;

1. Application of the Acts and subordinate statutes to the investigation report (applicable to the Rapt);

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 punishment, and the choice of imprisonment;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that a mistake in writing is repented, age of the defendant, etc.);

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal records of probation or heavier) ;

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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