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(영문) 수원지방법원 2016.02.04 2015고단4752
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on January 15, 2014, the Defendant issued a summary order of KRW 4.5 million for the same crime at the same court on January 15, 2014, and is a person who has violated Article 44(1) of the Road Traffic Act at least twice.

On October 15, 2015, the Defendant driven a D-W car at approximately 5km from the section 5km to the front of the C convenience store located in Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol content of 0.24% among blood transfusion around 00:20%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The statutory punishment shall be mitigated after taking into account various circumstances that constitute a condition for sentencing, such as the fact that the amount of alcohol is extremely high and the distance of movement is long among blood for the reason of sentencing under Article 62-2 of the Criminal Act, the previous conviction of a fine in the same kind (other than punishment records), the defendant sells a motor vehicle, etc., and the defendant sells a motor vehicle, and the punishment shall be determined like the order.

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