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(영문) 수원지방법원 여주지원 2014.11.24 2014고단751

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 August 18, 2014, at around 04:15, the Defendant driven Benz’s car at approximately 5 km from the Do on the Mag-si Mag-si Mancheon-si to the road in front of the public sports site located in the same city as the 0.10% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes to a report on detection of a driver and a report on the circumstances of a driver's driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of probation and order to attend a lecture is the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes by causing a traffic accident while drunk driving on around 2008. The crime of this case is not deemed to have been committed again in the state of drinking, even though the person was punished as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by causing a traffic accident during driving on September 24, 2012.

The defendant shall be sentenced as ordered by the order, taking into account the grounds for sentencing prescribed in Article 51 of the Criminal Act, such as the confession and reflect of the crime, and the fact that there is no particular criminal record other than the above two-time criminal records.