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(영문) 수원지방법원 여주지원 2016.11.01 2016고단965

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

[criminal power] On September 14, 2007, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on September 14, 2007, and was sentenced to a fine of 1.5 million won by the Seoul Northern District Court on May 18, 2010.

【Criminal Facts】

On August 22, 2016, at around 20:20, the Defendant driven a B-II cargo vehicle with approximately 300 meters from the front road of the head of the Hocheon-si, Hocheon-si, Hocheon-si to the front road of the subordinate high school located in the Seocheon-si, Seocheon-si, Seocheon-si, with a alcohol level of 0.141% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial report of an employee;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes (Attachment to summary orders for sound driving);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. It is so decided as per Disposition in light of the favorable circumstances such as the defendant's reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., when committing his/her crime, and the fact that he/she has no record of punishment exceeding the previous fine, and other circumstances, such as the defendant's age, past criminal records, blood alcohol concentration, and the circumstances after committing the crime, etc.