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(영문) 수원지방법원 여주지원 2015.06.30 2015고단378
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

On November 17, 2006, the Defendant issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act, and a fine of KRW 4.5 million as a same crime in the same court on March 8, 2013.

Nevertheless, at around 21:41 on February 28, 2015, the Defendant driven C Lasttop car in the drunken state with approximately 1 km section from around 2993, to the road in front of the restaurant where it is impossible to know the trade name in Ischeon-si, the Defendant driven Cysttop car with a blood alcohol concentration of about 0.175% from around 37, 293 to the road in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. A report on detection of a host driver;

1. Previous records: The application of criminal records, inquiry and other 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 and Article 59 of the Act on Probation, etc. shall be determined as ordered in consideration of the defendant's age, family environment, health conditions, motive for the crime, circumstances after the crime, etc., such as the fact that the defendant has been punished several times for the same crime, the fact that he/she has high drinking water, and the fact that he/she has no record of punishment exceeding the past fines, and other favorable circumstances such as the defendant's age, family environment, health conditions, motive for the crime

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