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(영문) 수원지방법원 2015.04.15 2015고단232

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

[criminal power] On November 9, 2007, the Defendant was sentenced to a summary order of a fine of 4 million won due to a violation of the Road Traffic Act, etc. at the Suwon District Court on June 25, 2008. On June 25, 2008, the Defendant was sentenced to a suspended sentence of 2 months for the crimes of violation of the Road Traffic Act at the Pyeongtaek District Court’s Eunpyeong District Court’s site, etc., and was sentenced to a suspended sentence of 2 months on February 10, 2010.

【Criminal Facts】

On January 9, 2015, at around 22:50, the Defendant driven a D S500-L car with approximately 50 meters alcohol level 0.101% alcohol level from the front of the packing end in front of the Southern-dong, the return sub-committee, to the front road of the 14th lux building, in terms of the luxic luxia, from the front of the luxic luxic luxic lux.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (reports on the previous records, court rulings, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has a record of being punished several times for drunk driving is unfavorable to the defendant, and the defendant confessions the crime of this case and is in profoundly against the defendant, and there was a record of being punished several times due to drunk driving, but the fact that there was no previous record after 2010 is favorable to the defendant.

In addition to the above circumstances, the sentencing conditions of the defendant, such as the age, character and conduct, environment, and motive for the crime, shall be determined as per the order.