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(영문) 수원지방법원 안산지원 2015.09.15 2015고단2254
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

【The criminal power of the same kind】 On July 6, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Southern District Court on April 30, 2012, and was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Southern District Court on June 22, 2012 by the Seoul Southern Southern District Court on June 22, 2012.

【Criminal Facts of Crimes】 On July 27, 2015, the Defendant driven a B-string car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.101% from the front road of the automobile trading complex located in the 978 B-string-si, Gwangju-si to the front road of the automobile trading complex located in the G-gu, Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the results of the control of drinking, and the statement on the state of drinking driving;

1. Previouss before and after judgments: Criminal history records, each summary order (number 9,10), and application of statutes (number 11);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance, such as the fact that a person under obligation to attend a lecture or a person under obligation to provide community service has a previous offense four times (three times of a fine, one year of a suspended sentence), that a person committed the instant crime only one year after the completion of a suspended sentence due to the same criminal act: A favorable circumstance shall be taken into account, such as the fact that the criminal defendant reflects his mistake, the occurrence of a traffic accident, and other factors for sentencing

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