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(영문) 수원지방법원 여주지원 2016.11.25 2016고단1089
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 24, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 24, 201, and was sentenced to a fine of KRW 3 million by the Suwon District Court on June 1, 201.

At around 22:50 on August 24, 2016, the Defendant driven a Category B 1 km car from the 1km section to the mountain village licensed real estate agents in front of the mountain village located in the same city-ro 9, from the front of the 2106 Hacheon-si Hacheon-si, as the blood alcohol concentration of 0.175% is under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 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 reasoning for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as per Disposition in consideration of the defendant's age, family environment, past criminal records, motive for committing a crime, circumstances after committing a crime, etc., such as the fact that the defendant had been punished twice due to drinking driving in the past, the fact that blood alcohol level in the instant case is not low, the defendant's consent to committing a crime and reflects himself/herself, the favorable circumstances, such as the fact that there was no record of punishment exceeding the past fines, and other favorable circumstances.

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