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(영문) 수원지방법원 여주지원 2018.12.07 2018고단1053

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

On September 21, 201, the Defendant received a summary order of KRW 5 million on September 21, 201 due to a violation of the Road Traffic Act (drinking driving), and issued a fine of KRW 5 million on July 5, 2012 due to a violation of the Road Traffic Act (drinking driving).

On November 5, 2018, around 17:34, the Defendant driven D Poter Cargo with about 500 meters alcohol concentration of 0.112% while under the influence of alcohol at approximately 500 meters from the front of Echeon-si B to the front of Echeon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

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

1. Written inquiry about criminal history, etc.;

1. Application of Part III Acts and subordinate statutes of the summary order; and

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

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 suspended execution;

1. The fact that there is a record of being punished several times due to the crime of the same kind of crime for sentencing in Article 62-2 of the Criminal Act, and the drinking volume, etc. shall be considered in a disadvantageous condition, but the fact that the time is stamped and reflects shall be considered in favorable

The sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and the degree of punishment for the same kind of crime, shall be determined as the disposition.