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(영문) 수원지방법원 2015.04.09 2015고단309
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 31, 2008, the defendant was issued a summary order of a fine of four million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 31, 2008, and on December 24, 2008, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) by the same court on December 24, 2008.

On December 18, 2014, at around 22:50, the Defendant driven a Bbe-cricked car in the state of alcohol alcohol concentration of about 0.184% from a 100-lane to a 63-lane 63-lane 2nd of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of a reply to criminal records, reply to investigation reports (a summary order and attachment of a copy of judgment) and statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The execution of imprisonment shall be suspended by taking into account the following factors: probation, community service, or lecture order under Article 62-2 of the Criminal Act: (a) the defendant sells the said vehicle, etc.; (b) the execution of imprisonment is suspended by taking into account the situation of his family style (in particular, the family style), etc.; (c) the same criminal records are three times; and (d) the one time of imprisonment was three times; and (e) the blood alcohol alcohol content is not low; and (e) the previous imprisonment period, the period of suspension of execution, probation, and lecture order shall be determined as the same as the order;

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