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(영문) 수원지방법원 2015.04.09 2015고단235

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 November 16, 2007, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act, etc. at the credit branch of Suwon District Court on November 16, 2007, and on December 24, 2010, the Defendant issued a summary order of 1.5 million won of a fine at the Suwon District Court for the same crime at the same time on December 24, 201.

On January 15, 2015, at around 17:50, the Defendant driven a B-type cargo vehicle with a blood alcohol content of about 15km from around 15km to the front road of the mutually influent restaurant located in the Chungcheongnam-dong, Chungcheongnam-si, Seoul, to the front road of the amendment intersection located in the Young-si, Young-si, Young-si. In addition, the Defendant driven a B-II truck with a blood alcohol content of 0.236%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. Previouss before judgment: Application of a reply to criminal records, replys to investigation (report on confirmation of the same kind of force) and Acts and subordinate statutes;

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 execution of imprisonment after discretionary mitigation shall be suspended, taking into consideration the fact that the defendant for the reason of sentencing of Article 62-2 of the Criminal Act, such as probation, community service, or lecture attendance order, returns the relevant cargo vehicle to the company, etc., and the fact that there is no penalty exceeding a fine, but the execution of imprisonment after discretionary mitigation; however, considering the fact that the same criminal record is four times, and that the blood alcohol content is considerably high, the period of imprisonment and suspension of execution, probation, community service or lecture order shall be