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(영문) 수원지방법원 여주지원 2018.08.31 2018고단665
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 August 10, 2007, the Defendant received a summary order of KRW 2 million from a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Flag method and the Defendant received a summary order of KRW 3 million from a water source district court on January 2, 2015 as the same crime.

On June 5, 2018, while under the influence of alcohol leveling to 0.266% from blood alcohol leveling around 17:50, the Defendant driven three cargo vehicles, namely, C in the section of about 8 km from the front of the sampling site located in 113, according to Echeon-si Gyeongcheon-si Gyeongcheon-ro, 1068, to the front of the 1068 km road.

Summary of Evidence

1. Statement by the defendant in court;

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. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. A report on investigation;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes in Part II of the Investigation Report (Confirmation of the previous record), summary order, and summary order;

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. It is so decided as per Disposition by comprehensively taking into account all the factors of sentencing under Article 51 of the Criminal Act, such as the point of time and reflection of the reason for sentencing under Article 62(1) of the Criminal Act, the numerical value of drinking and driving distance, motive and background leading up to driving, Defendant’s age, sex, sex, environment, and the frequency and degree of punishment for the same crime.

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