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(영문) 수원지방법원 여주지원 2015.11.20 2015고단777
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On January 18, 2012, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the credit branch of Suwon District Court on January 18, 2012, and on July 31, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime at the same court.

【Criminal Facts】

On August 22, 2015, at around 00:15, the Defendant driven a fcoon car at approximately 20 meters from the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A report on the actual state of the driver;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant selected a sentence of imprisonment in light of the unfavorable circumstances, such as the fact that he/she has been subject to punishment several times for the same crime. The defendant is under the time of committing his/her crime, and there is no other penal power except for the punishment of a fine on three occasions for a crime related to the violation of the past Road Traffic Act, and the defendant has some circumstances to consider the situation in which he/she drives the instant vehicle, the execution of the above imprisonment shall be suspended and the order to attend education shall be added to prevent recidivism. It is so decided as per Disposition.

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