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(영문) 수원지방법원 여주지원 2014.10.17 2014고단575
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 8, 2010, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on November 8, 201, and on April 29, 2011, the Defendant issued a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act (Free Driver's License) at the Sungnam branch of Suwon District Court on April 29, 201, and on May 14, 2012, the said judgment became final and conclusive on July 19, 2012.

At around 23:00 on July 12, 2014, the Defendant driven a Bsch Rexton car at approximately 100 meters section from the Do in front of the 219-1, Echeon-si, Echeon-si, to the front road of the “Echeon Hancheon-si,” located in the same 463-3-3 from Echeon-si, E.S. 219-1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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. In light of Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation (the circumstances leading to the driving of the case in this case and consideration of drinking alcohol in this case) of the Criminal Code, the defendant committed a second offense despite the judgment of probation, and the crime in this case was committed during the period of probation, it is deemed difficult to correct the defendant's character and behavior only by the judgment of probation, and thus, the sentence for a certain period of time is inevitable.

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