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(영문) 수원지방법원 여주지원 2016.01.05 2015고단1034
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 29, 2009, the Defendant issued a summary order of a fine of KRW 700,000 as a fine for a violation of the Road Traffic Act (drinking) at the leisure support of a water source method source, and on April 16, 2010 at the same court, each of the fines of KRW 3 million as the same crime.

On October 6, 2015, the Defendant, while under the influence of alcohol leveling 0.120% from blood alcohol leveling around 21:40, the Defendant driven a B-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Won

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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 and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend the Republic of Korea include: (a) disadvantageous circumstances, such as the fact that the Defendant had been punished twice as seen earlier; (b) the Defendant had no record of punishment exceeding the fine for the same or different crimes; and (c) favorable circumstances, such as the Defendant’s age, family environment, motive, means and consequence of the crime; and (d) other favorable circumstances, such as the Defendant’s age, family environment, motive, means and consequence of the crime, etc.

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