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(영문) 수원지방법원 2017.06.27 2017고단2466

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

Criminal facts

[criminal history] On July 16, 2004, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on May 11, 2007, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court on May 11, 2007, and on July 11, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million for the same crime from the same court on July 11, 2012.

[Criminal facts] On April 13, 2017, the Defendant driven a 1 ton cargo vehicle B with approximately 3 km from the front side of the Suwon National University located in Korea and the Suwon National University located in Korea to Samcheon-si, Samcheon-ro 667, with a alcohol level of 0.0%, while under the influence of alcohol level of around 00:0 on April 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 of the Criminal Act on the grounds that the defendant has a depth of, and reflected against, the crime of this case;

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;