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(영문) 수원지방법원 여주지원 2016.10.25 2016고단906
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

[criminal power] On December 27, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on December 27, 2013, and was sentenced to a summary order of 2.5 million won by the same court on July 31, 2009, and was sentenced to a fine of 2.5 million won by the same crime, etc., the Defendant was punished for the same violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 30, 2016, at around 21:28, the Defendant driven a Bpd car with a blood alcohol concentration of about 1km from the front of the restaurant, which is a yellow docl, located in the Innju City-si, to the piracy, located in the same Dong from the 1km section of approximately 0.058%.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

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, Articles 32 and 59 of the Act on Probation, etc. are disadvantageous to the defendant, such as the fact that the defendant has been punished four times for the same kind of crime in the past, and the defendant is aware of and reflects his own crime, and the favorable circumstances such as the fact that the blood alcohol concentration in the instant case is the degree that the control value is equal to that of the defendant's age, family environment and social relationship, motive for the crime, circumstances after the crime, etc. are considered. It is so decided as per Disposition.

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