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(영문) 수원지방법원 여주지원 2018.01.17 2017고단1438
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

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on December 19, 2008, by issuing a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving of Drinking), and a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act on July 6, 201, in the leisure support of the Friwon Friwon method.

[2] On July 31, 2017, the Defendant driven a shower car in the state of alcohol alcohol concentration of approximately KRW 0.125% from a section of about 1km to the front road of the Chang Young Apartment Apartment apartment, which is located in the Chang-si, Sin-si, Sin-si, Sin-si, Sinri-si, about 23:54 on July 31, 2017

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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 suspended execution;

1. In full view of the favorable circumstances, such as the circumstance in which the defendant, who had been sentenced several times for the same kind of crime for sentencing under Article 62-2 of the Social Service Order Criminal Act, committed the instant crime, and the circumstances that have no record of punishment heavier than that of a fine, etc., a sentence identical to the order shall be imposed.

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