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(영문) 수원지방법원 여주지원 2016.12.06 2016고단1194
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 August 22, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court on August 22, 2008, and on October 19, 2012, the Defendant was issued a summary order of KRW 3 million for the same crime with the capital branch of Suwon District Court on October 19, 201, and on November 4, 2013, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.

【Criminal Facts】

On September 30, 2016, at around 06:25, the Defendant driven a CDap Motor Vehicle at a approximately 1km section from the front day of Echeon-si to the front day of the household department of Echeon-si, Echeon-si, Echeon-si, with a blood alcohol concentration of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the state of the operation of a motor vehicle;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 32 of the Act on Probation, etc. is that the defendant has the record of being punished three times for the same kind of crime in the past, and that the defendant has the awareness of and reflects on his own crime, and this case is driving in order for the defendant to drink and drink until the latest day.

It is decided as per Disposition in consideration of the favorable circumstances such as the fact that there are some conditions to be taken into account in the circumstance of the detection of drinking driving, and the age, family environment, past records of crimes, motive of crimes, circumstances after crimes, etc. of the defendant.

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