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(영문) 수원지방법원 여주지원 2014.12.10 2014고단666
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight 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 26, 2014, when the Defendant was under the influence of 0.110% of blood alcohol concentration, the Defendant driven a vehicle mandatory insurance policy with approximately 2 Km-free CT100 Oral cT100 Oral c&100 Oral c&100 Oral c&100 Oral c&100 c&10 c&18, south-ro, 1045-18.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs;

1. Report on the detection of unregistered soil contamination;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment to summary orders of the same kind) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of running a motor vehicle for drinking), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, who has the record of suspended execution, once again commits the crime of this case, and the nature of the crime is not that of the same kind;

However, in consideration of the reasons for sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the defendant confessions and reflects the crime, and operates the motor bicycle, the sentence is delivered as per the order to provide community service and attend a lecture.

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