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(영문) 수원지방법원 여주지원 2018.01.26 2018고단21

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

On August 29, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court on August 29, 2008. On October 4, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court on October 4, 201.

On November 26, 2017, the Defendant driven approximately 200 meters BMW X5 cars from the Synyang-dong University of Gwangjin-gu, Seoul to 10 days, while under the influence of alcohol level of 0.126% during blood transfusion around 01:00.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

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

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. It is so decided as per Disposition by comprehensively taking account of all the factors of sentencing under Article 51 of the Criminal Act, such as the time limit for sentencing under Article 62(1) of the Criminal Act, the number of drinking alcohol and driving distance, the frequency and degree of punishment for the same kind of crime, the defendant's age, sexual behavior, environment, etc.