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(영문) 수원지방법원 2015.04.09 2015고단388

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2008, the defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act at the Gwangju District Court on November 6, 2008, and on August 7, 2009, the defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act at the Gwangju District Court on at least two occasions.

On January 7, 2015, the Defendant is driving a B Poter cargo vehicle under the influence of alcohol content of about 6K at about 0.098% under the influence of alcohol content from the influent land of 23:24, Osan-si to the front of the right station located in the Sejong-dong of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

1. Previous convictions in judgment: The application of previous convictions, replys, and nine Supreme Court rulings;

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 shall be suspended in consideration of the fact that the defendant's reasons for sentencing and education under Article 62-2 of the Criminal Act reflects the defendant, the waiver of occupation related to driving after the crime of this case, the assistance in farming and fishing at the City-to-date house instead of the defendant's occupation, and the blood alcohol content is not significantly high. However, the execution of imprisonment shall be suspended in consideration of the fact that the same criminal record is six times and there are six times for imprisonment, during which the same criminal record is "six months of imprisonment, two years of suspended sentence" and "six months of imprisonment", etc., the period of imprisonment, probation, community service