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(영문) 수원지방법원 2014.10.16 2014고단4072
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

[criminal power] On June 22, 2007, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 5, 2007, a fine of 4 million won for the same crime, etc. at the same court on September 5, 2007, a summary order of 4 million won for the same crime, etc. at the same court on June 30, 2008, and a person who had been sentenced to a suspended sentence of 6 months for the same crime at the same court on November 19, 2010.

【Criminal Facts】

On July 18, 2014, at around 23:30, the Defendant driven a vehicle with approximately 5 kilometer from the influence of the Sungnam-si Magdong to the front Magdong-si Magdong-si, Sungnam-si, Sungnam-si, with approximately 0.14% alcohol level 0.14% in alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports (a summary order attached to the same type of power);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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