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(영문) 수원지방법원 여주지원 2015.11.09 2015고단857
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 28, 2011, the Defendant was sentenced to a suspended sentence for eight months by imprisonment for a violation of the Road Traffic Act, etc. at the credit branch of Suwon District Court on August 28, 201. On December 14, 2012, the Defendant was sentenced to six months by imprisonment for a violation of the Road Traffic Act, etc. at the Suwon District Court on December 22, 2012, and the said judgment became final and conclusive on December 22, 2012, and the said suspended sentence became void, and the period of parole was paroled on October 28, 2013 in the Daegu Prison and passed on December 8, 2013.

At around 23:20 on August 27, 2015, the Defendant driven C rocketing car with the alcohol concentration of about 0.097% in the section of about 3km to the front road of the “large Farming Unemployment” located in 127, 155, 177-16, from the front road of the “Yancheon-si 1, Namcheon-si 127, an original site, at the time of Leecheon-si, to the front road of the “large Farming Unemployment.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, and inquiry into the results of crackdown on driving under the influence of alcohol;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the Defendant, who had the same record as the sentencing reason of Article 334(1) of the Criminal Procedure Act, committed the instant crime during the period of repeated crime, it is reasonable to impose a severe punishment.

However, in consideration of all the circumstances shown in the arguments in this case, such as the fact that the defendant confessions and reflects the crime, and the blood alcohol concentration is not so high, the sentence shall be made as per the disposition.

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