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(영문) 수원지방법원 여주지원 2015.11.24 2015고단806
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 December 19, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the credit branch of Suwon District Court on December 19, 2008. On September 27, 2013, the Defendant was issued a summary order of KRW 3.5 million for the same crime by the same court.

【Criminal Facts】

On September 4, 2015, the Defendant, while under the influence of alcohol around 0.275% of blood alcohol concentration at around 22:00, driven a e-mail car at approximately 3km from the front of the restaurant to the front of the scar in E-Sacheon-si, the fishing gear in E-Sacheon-si Sacheon-si was driven from the front of the restaurant to the front of the scar in E-Sacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the state of the operation of a motor vehicle;

1. A report on detection of a host driver;

1. Requests for appraisal;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to 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. 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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) Defendant is selected to imprisonment in light of the unfavorable circumstances, such as the fact that he/she has been sentenced several times of punishment for the same crime, driving under drinking again, and the fact that he/she has a high blood alcohol concentration; (b) Defendant is in the time of committing his/her crime and is in a profound proportion to his/her depth; and (c) Defendant has no other punishment power except three times of a fine due to the violation of the past Road Traffic Act; and (d) the execution of the above imprisonment is suspended; and

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