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(영문) 수원지방법원 2015.10.29 2015고단3733
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

On July 22, 2009, the Defendant issued a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 22, 2009, and on September 3, 2010, the Defendant was issued a summary order of 4 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 3, 201, and on October 15, 2010, the Defendant was issued a summary order of 4 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 15, 2010.

On July 18, 2015, at around 18:05, the Defendant driven a DNA car at approximately 500 meters away from the c front road located in Suwon-si, Suwon-si, to the 82-lane 25-2 ahead of Suwon-si, Suwon-si, while under the influence of alcohol of 0.203% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;

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. In light of various circumstances, such as the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order reflects the defendant, the fact that there are many criminal records (including three criminal records of suspension of execution of sentence, the same criminal records of fines and five criminal records of the same kind), the fact that the blood alcohol content is high, the driving distance is not long, and the sentence is determined as the order after discretionary mitigation of the statutory penalty is imposed.

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