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(영문) 수원지방법원 여주지원 2015.10.23 2015고단726
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 29, 2015, at around 16:50, the Defendant driven a B-to-purd vehicle under the influence of alcohol concentration of 0.238% from the front of a cafeteria located in the Gancheon-si, Ansan-si to the front road of the Taecheon-si general wood company located in the Wancheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. on August 27, 2010, the defendant had the record of being punished three times by a fine for the violation of the Road Traffic Act, such as the charge of violating the Road Traffic Act, which was committed by this court on August 27, 2010, when he was sentenced to a fine of 2.5 million won. The disadvantageous circumstances, such as the fact that the blood alcohol concentration of this case is very high, and the defendant is prone and in depth when he committed his crime, and other favorable circumstances, such as the defendant's age, family environment, motive for the crime, and circumstances after the crime, etc., other than the above criminal records, shall be determined as the sentence of this case.

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