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(영문) 수원지방법원 여주지원 2018.09.04 2018고단621
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 May 28, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (drinking driving) in the leisure support of the Friwon method, and on April 26, 2012, the Defendant issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act (drinking driving).

On June 18, 2018, the Defendant driven a Esan Pona car at a section of about 150 meters from the front of a mutual influent restaurant located in the Yangpo-si public interest in Yangyang-gu, Yangpo-gun to the Changdae Underground Road located in the Chang-gu, Yangpo-si public interest in Yangpo-si, Yangpo-si, Yangpo-si, while under the influence of alcohol content at 0.280% during blood transfusions.

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. Investigation report (report on the situation of the driver in charge); and

1. Response to a request for appraisal;

1. Reporting on detection of primary drivers;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes as a result of inquiry;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of all the sentencing conditions under Article 51 of the Criminal Act, such as the point of time and radius of drinking, driving distance, motive and background of driving, Defendant’s age, sexual conduct, environment, and the frequency and degree of punishment for the same kind of crime, etc., the decision is rendered as above, by comprehensively taking account of the following factors:

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