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(영문) 수원지방법원 여주지원 2015.06.10 2015고단382
도로교통법위반(음주운전)
Text

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 May 19, 2008, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on May 19, 2008, and KRW 3 million as a fine for the same crime in the same court on April 24, 2015.

On April 6, 2015, at around 17:10, the Defendant driven a ecoo vehicle B while under the influence of alcohol level of about 2 km from the road on the ecoo golf course in the Scoo City, which is located in the Scoo City, to the monthly transmission distance in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report prior to judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, amounts of dispositions, and results of confirmation;

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 62 (1) of the Criminal Act;

1. The case of driving a motor vehicle with the same kind of force as the sentencing of Article 62-2 of the Criminal Act shall be sentenced to strict punishment as the case of driving a motor vehicle by drinking alcohol again at a day on which the defendant who has served the same force as the sentencing of Article 62-2 of the Criminal Act.

However, the sentencing grounds prescribed in Article 51 of the Criminal Act, such as the fact that the defendant reflects the crime and has no record of the same kind of probation, shall be sentenced as the order.

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