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(영문) 수원지방법원 여주지원 2017.01.24 2016고단1345
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of road traffic law in the Sungnam branch of Suwon branch of Apr. 17, 2007; on Jan. 16, 2008, the Defendant was sentenced to a summary order of KRW 2 million for the same crime at the Jung-gu District Court of the Republic of Korea on Jan. 16, 2008; on Mar. 31, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime.

[Criminal facts] On November 9, 2016, the Defendant driven B low-speed car from the front of a bus terminal in Echeon-si, Leecheon-ro, Leecheon-ro, a 0.088% alcohol concentration in blood around 00:34, to the front of the road in Echeon-si, Leecheon-ro, Leecheon-ro, 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Persons Ordering to Provide community service and attend lectures, etc. is that the defendant has a record of having been punished several times for the same crime in the past, and that he/she would not drive drinking again again in the future when he/she committed his/her crime.

It is so decided as per Disposition by taking into account favorable circumstances, such as the fact that the defendant's age, family environment, past records of crimes, motive for crimes, alcohol concentration in the blood of this case, circumstances after the crime, etc.

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