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(영문) 수원지방법원 여주지원 2017.02.22 2017고단9

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in drinking), on October 17, 2008, on which the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act. On April 24, 2009, the same court issued a summary order of KRW 2 million for the same crime at the same court on September 6, 2013. On April 21, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court on the same date. On November 4, 2016, the court was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act (driving in drinking), and the above judgment becomes final and conclusive during the suspended sentence period as of November 12, 2016.

[2] On November 21, 2016, the Defendant: (a) while under the influence of alcohol 0.095% during blood transfusion on November 21, 2016, the Defendant driven a C-wing and three-7 km away from the road near the apartment site in E-Sincheon-si, Hacheon-si to the road in front of the 7-7 km-do cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

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

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant committed the instant crime again during the period of suspension of execution, and the Defendant committed the instant crime at the time when he/she was sentenced to the said suspended execution, and the Defendant committed the instant crime at the time when he/she was sentenced to the said suspended execution. The Defendant committed the instant crime at the time when he/she was sentenced to the said suspended execution.