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(영문) 수원지방법원 여주지원 2015.08.11 2015고단522
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

[criminal power] On June 29, 2007, the Defendant received a fine of 2.5 million won as a crime of violation of the Road Traffic Act at the Seoul Western District Court on June 29, 2007 and a summary order of 2.5 million won as a fine in the same court on June 7, 2010.

【Criminal Facts】

On April 29, 2015, at around 21:45, the Defendant driven B mpher vehicle while under the influence of alcohol of 0.118% from the front of the dynasium in the Synasium to the front of the Gynasium in the Synasium, which is located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. A report on the status of a drinking driver, and a report on the status of a drinking practice;

1. Previous records of judgment: Application of criminal history records, investigation reports (former records and confirmation reports) and Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, etc. of the Act on the Order of Community Service and Order of Education, and Article 69 of the Act on the Probation, etc., are to select imprisonment with prison labor in light of the unfavorable circumstances, such as the fact that the defendant committed the instant crime even though he/she had been punished several times due to drinking driving, and again committed the instant crime. It is so decided as per Disposition by the assent of all participating Justices, considering favorable circumstances, such as the defendant's age, family environment, motive of the crime, circumstances after the crime, etc., such as the defendant's age, and the execution

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