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(영문) 수원지방법원 여주지원 2017.07.19 2017고단733

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 December 17, 2008, the Defendant issued a summary order of KRW 1 million for a violation of road traffic law (driving alcohol) at the Gunsan Branch of the Jeonju District Court, and on August 26, 2011, the Defendant was sentenced to a fine of KRW 2 million for the same crime. On May 28, 2017, the Defendant driven a BMW car owned by the Defendant in the section of approximately 500 meters from May 28, 201 to the front road of the said Eup at approximately 0.146% of alcohol while under the influence of alcohol at around 00:50 on May 28, 2017, while the Defendant was under the influence of alcohol at around 0.146% of alcohol during the Gyeonggi-gu, the Sinju City, the Han River-ro, the front of the Geum River apartment, and the front road of approximately 581 to the front road at approximately 500 meters in the same Eup.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (a copy of the summary order in the same paper);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the 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 suspension of execution (see, e.g., circumstances in which there exists no past record of punishment heavier than a fine);

1. The community service order under Article 62-2 of the Criminal Act;