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(영문) 수원지방법원 여주지원 2018.01.17 2017고단1406

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 9, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag method, and on July 6, 2012, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support of Ansan Flag method.

[Criminal facts] On November 9, 2017, the Defendant driven approximately 20K C Poter II cargo vehicles from the Defendant’s house located in Heung-si B to the 485 Korean Dogypted road, with alcohol content of 0.143% during the blood transfusion around 13:42 on November 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the favorable circumstances, such as the circumstance in which the defendant, who had been sentenced several times for the same kind of crime for sentencing under Article 62-2 of the Social Service Order Criminal Act, committed the instant crime, and the circumstances that have no record of punishment heavier than that of a fine, etc., a sentence identical to the order shall be imposed.