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(영문) 수원지방법원 2014.12.03 2014고단5483
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 February 6, 2009, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Suwon District Court, and on January 19, 2012, the Defendant was sentenced to a fine of 8 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court's Ansan Branch.

On September 5, 2014, at around 19:40, the Defendant driven an E Twork XG car from approximately 400 meters to the front road of D’s deaf-gu located in Ansan-si B, while under the influence of alcohol of 0.148% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

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

1. A reply to inquiries, such as criminal records;

1. Application of investigation reports (the fact of punishment for drunk driving not less than twice) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the suspension of execution of the sentence shall be made periodically, considering the fact that the defendant has served three times as a drinking driver and has served for the same punishment, but

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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