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(영문) 수원지방법원 2015.10.29 2015고단3696
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

On September 14, 2007, the Defendant issued a summary order of one million won for a crime of violating the Road Traffic Act at the Seoul Western District Court on September 14, 2007, and on April 3, 2009, the Defendant issued a summary order of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on April 3, 2009.

On June 25, 2015, the Defendant, while under the influence of alcohol of 0.184% with blood alcohol content around 14:00, driving a e-mail vehicle B at a section of approximately 80km from the 80km to the lutool located in the luto-dong in the city of Osan-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply statements, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the various circumstances that meet the sentencing conditions, such as the fact that the defendant reflects the reasons for sentencing under Article 62-2 of the Criminal Act of community service and lecture attendance order, two previous convictions, the fact that the same kind of fine is high, the fact that the blood alcohol is high, the driving of cargo, the driving distance is long, etc., the statutory punishment shall be mitigated and the sentence shall be determined as per the order.

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