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(영문) 수원지방법원 여주지원 2016.08.23 2016고단640
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 13, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the inn of the Friwon Friju, and on November 1, 2013, the Defendant received a summary order of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) in the Friju support of Friju Friju, which was sentenced to a fine of KRW 1 million.

[Criminal facts] On June 17, 2016, the Defendant driven a motor vehicle of approximately 2.5km B from the front day of Etwit-ro, 140-50, Et-ro, 1440-50, in the state of alcohol concentration of around 00:25, the Defendant driven a motor vehicle of approximately 2.5km, from the front day of Et-ro, Et-ro, 140-50, to the back of Et-ro, 72, E-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lectures, and Article 62-2 of the same Act, and Article 59 of the same Act, shall be determined as ordered by taking into account the following circumstances: (a) unfavorable circumstances, such as the fact that the defendant has been punished several times for the same kind of crime; (b) the past and the blood of this case are highly high alcohol concentration; (c) favorable circumstances, such as the defendant’s time of committing the crime; and (d) the fact that there is

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