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(영문) 수원지방법원 여주지원 2015.06.29 2015고단162
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2009, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime in the same court on September 16, 201, respectively.

At around 03:30 on January 24, 2015, the Defendant driven C Hasta car with the alcohol concentration of 0.196% under the influence of alcohol at the 10-meter section in front of the 103rd degree of the 103rd degree of blood alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. A written appraisal of blood alcohol;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report attached to the previous and summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act was two times the reason for sentencing, the nature of the crime in this case is not that of the crime again, but that the defendant led to the crime in this case. However, the punishment was determined in consideration of the fact that the defendant led to confession and reflects.

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