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(영문) 수원지방법원 2015.09.03 2015고단2645

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 201, the Defendant issued a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 10, 201, and on May 22, 2015, the Defendant issued a summary order of five million won for a violation of the Road Traffic Act (driving) to the same court on May 22, 2015.

On May 16, 2015, at around 23:30, the Defendant driven B vehicles at approximately 100 meters away from the front road of the Dongbu branch, which is located in the 72-3 Doro Doro Doro Doro Doro Doro Doro, in the state of drunk alcohol concentration of 0.134%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of a reply to criminal records, reply, and copy of judgment;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment of imprisonment, the period of suspended execution, and probation, and the order to attend lectures shall be determined as the same as the order, after discretionary mitigation, in consideration of various circumstances that meet the requirements for sentencing, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act sells an automobile, has not been punished in excess of the fine, that there is a high alcohol content, driving circumstances and distance, and that it is necessary to take measures to prevent recidivism, etc.;