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(영문) 수원지방법원 여주지원 2016.07.15 2016고단426
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 January 25, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court, and on February 16, 2010, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on February 16, 2010.

[2] On April 14, 2016, the Defendant driven CM5 car at approximately KRW 2.5 km from the front side of the Yancheon-si public parking lot located in Echeon-si, Leecheon-si, Seoul-si, to the front side of the Hacheon-si, Echeon-si, while under the influence of alcohol leveling to 0.09% of the alcohol level during blood transfusion around 22:58.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The circumstantial report of the driver employed at the main place;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of the same kind of force of the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant is that the Defendant had the record of being punished twice due to driving of drinking in the past, etc., and favorable circumstances, such as the Defendant’s time of and reflects his/her criminal act, and the fact that the Defendant has no record of punishment other than the above crime, and other favorable circumstances, such as the Defendant’s age, family environment and economic situation, motive for and background of the crime, circumstances after the crime, etc., are considered

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