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(영문) 수원지방법원 2015.09.10 2015고단2100
도로교통법위반(음주운전)등
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 October 24, 2008, the Defendant issued a summary order of a fine of three million won or more for a violation of the Road Traffic Act at the Suwon District Court on March 25, 2015 and issued a summary order of ten million won or more for a violation of Article 44 (1) of the Road Traffic Act at the Suwon District Court on March 25, 2015.

On May 06, 2015, the Defendant omitted this part of the facts charged without a driver's license, but such omission seems to be obvious when considering the name of the crime and applicable provisions of Acts stated in the indictment.

While under the influence of alcohol concentration of 0.114%, B Eccoo car was driven from a section of approximately 500 meters to a 381-11th road in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous record: Application of a reply to criminal records, reply, and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined by taking into account the various circumstances, such as the fact that the defendant for the reason of sentencing and education under Article 62-2 of the Criminal Act reflects the defendant, the fact that there is no record of punishment exceeding the fine, the fact that blood alcohol content is low, the driving distance is short, the necessity of measures to prevent recidivism, and the fact that it is necessary to take measures to prevent recidivism, which are the conditions of sentencing

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