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(영문) 수원지방법원 여주지원 2016.09.07 2016고단512

도로교통법위반(음주운전)

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

[Criminal Power] The Defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act in the credit branch of Suwon District Court on May 22, 2008, and was sentenced to a suspended sentence of 5 million won for the same crime in the same court on May 7, 2009 and was sentenced to a fine of 5 million won for the same crime.

【Criminal Facts】

피고인은 2016. 5. 23. 22:30경 혈중알콜농도 0.141%의 술에 취한 상태로 여주시 천송동에 있는 신륵사 주차장에서부터 여주시 현암동에 있는 현암교차로 앞 도로까지 약 3km 구간에서 B 포터 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 on the suspension of execution (it shall be considered that the situation, etc. has been relatively old although it could have been previous);

1. Probation under Article 62-2 of the Criminal Act;