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(영문) 수원지방법원 여주지원 2015.03.02 2015고단3

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 25, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the credit branch of Suwon District Court on July 25, 2007. On September 20, 2007, the Defendant was issued a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act (recing to take measurements of drinking), and on November 14, 2008, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (recing to drive), and on July 9, 2009, the Defendant was sentenced to imprisonment for 6 months and 2 years for a suspended sentence, and on December 13, 2012, the said judgment became final and conclusive on April 13, 2013.

On October 9, 2014, at around 0.185% of blood alcohol concentration, the Defendant driven B automobiles at a distance of about 500 meters from the Do in front of the Hacheon-si, Hacheon-si, Eacheon-si, to the front road of the private Tririri-ri in the same city, while under the influence of alcohol at around 0.185% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Previous records: Application of a reply to criminal records, a criminal investigation report (former records and a report accompanied by a written judgment);

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., confessions and reflects the crimes) are many criminal convictions, and the two times among them, despite being sentenced to suspended execution, the sentence equivalent to that of the instant case is inevitable in light of the fact that the instant crime was committed during the suspended execution period.

The punishment was determined in consideration of the fact that the defendant led to a confession and reflect on the crime.