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(영문) 수원지방법원 여주지원 2018.09.11 2018고단755
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2002, the Defendant was sentenced to a suspended execution of ten years for a crime of violating the Road Traffic Act (drinking) from August 8, 200 to August 25, 201; on March 26, 2003, the Defendant was sentenced to a suspended execution of two years for a crime of violating the Road Traffic Act (drinking) in the support of the Friju in the Friju Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was supported by Friju which was sentenced to a violation of the Road Traffic Act (driageing) from October 25, 2013.

On July 25, 2018, the Defendant driven a B B B PP car under the influence of alcohol content of approximately 0.273% from a 4.5m section to the front road of the “New Sea Country” located in the same side of the CU convenience shop located in the 483-ro, Dong-gun, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do.

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. A written request for appraisal or a written appraisal of alcohol during blood transfusion;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, the number of times and degree of punishment for the same kind of crime, etc. shall be considered as disadvantageous circumstances; however, consideration shall be given to favorable circumstances, such as the time and reflectness, and the fact that the driving of drinking again is not possible.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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