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(영문) 수원지방법원 2015.10.29 2015고단3735
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 June 8, 2011, the Defendant issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 1, 201, and on July 11, 2012, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 201, and was sentenced to a suspended sentence of 2 times or more.

On August 11, 2015, at around 21:54, the Defendant driven a rocketing-free car from approximately 1km to the front of the new town located in the Gungung-gu Gung-gu Gung-gu Gung-gu Gung-gu Gung-dong in the state of alcohol 0.195% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the drinking driving control;

1. Previous records of judgment: Application of replys to criminal records, replys to investigation, and Acts and subordinate statutes (reports on binding of the same type of criminal records and written judgments);

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 various circumstances that meet the conditions for sentencing, such as the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order reflects the defendant, the same criminal records and six criminal records of the same kind (five criminal records of a fine, one criminal records of a stay of execution before a stay of execution), the fact that blood alcohol is high, and the driving distance is not short, the statutory punishment shall be mitigated and determined as the order.

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