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(영문) 수원지방법원 여주지원 2017.09.15 2017고단746

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 April 7, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) with respect to the leisure support by means of water source driving method, and on March 17, 2014, the Defendant was issued a summary order of KRW 4 million with the same crime in the same court.

On June 1, 2017, while under the influence of alcohol 0.138% among blood transfusion around 04:17, a woman driving a car B in the section of approximately 1km from the front side of the office of South Eup in the same city to the road in front of the Saemaeul-ro 1193, located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes, such as each 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 (see the following grounds for sentencing) of the mitigated amount

1. It is so decided as per Disposition by taking into account all the elements of sentencing under Article 51 of the Criminal Act, including the following: (a) the defendant’s time to commit a crime and reflect in depth on the grounds of sentencing under Article 62(1) of the Criminal Act; (b) the degree of punishment for the same kind of crime; (c) the defendant’s age, sexual conduct, environment after committing a crime.