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(영문) 수원지방법원 여주지원 2017.06.20 2017고단479
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[2] On September 13, 2012, the Defendant was sentenced to a fine of two million won for a violation of road traffic law in the Seosan Branch of the Daejeon District Court of Daejeon, and on October 11, 2016, the Defendant was issued a summary order of two million won for a violation of road traffic law (driving) at the Seoul Southern District Court of Seoul.

[2] On February 19, 2017, the Defendant driven BM 1 car from approximately 50 meters to the front road of the Green Cross pharmacy located in 1199, e.g., e., the e., the e., the e., the e., the blood alcohol concentration of 0.188% in the blood while under the influence of alcohol at around 01:45 on February 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and the statement on the circumstances of driving at home;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment report, such as the previous one and summary order) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. The reason for the sentencing of Article 62-2(1) of the Criminal Act on the duty to observe and observe protection and attend lectures, even though the Defendant had been punished for driving under drinking twice, he driven again, and even though the Defendant was a single accident, he was able to cause an accident against the level of the separation of the taxi platform.

The level of alcohol concentration measured after drinking driving is very high as well as the amount of alcohol concentration measured after driving.

In light of the fact that there was no other circumstance, the risk of recidivism seems to be high.

In this regard, the driver is driving under the influence of alcohol strictly.

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