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(영문) 수원지방법원 여주지원 2018.11.13 2018고단994
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2006, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution due to a violation of road traffic law in the leisure support of the Friwon method, etc. On February 13, 2009, the Defendant was sentenced to a summary order of 1.5 million won of fine due to a violation of road traffic law in the Friju support of Friwon method. On December 17, 2009, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution due to a violation of road traffic law in the Friju support of Friwon method.

On October 19, 2018, around 00:05, the Defendant driven a B rocketing car with approximately 10 meters alcohol content 0.09% under the influence of alcohol level 0.09% in front of the South agricultural cooperative, the 2-lane 12-lane 12, Nam-gu, Seoul, Seoul, the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes of one copy of investigation report (verification of previous records), two copies of judgment, and summary order;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning 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. The number of times and records subject to punishment for the same crime of sentencing for the reasons of sentencing under Article 62-2 of the Criminal Act shall be considered as disadvantageous circumstances, such as the time and reflects, and the expression of intention not to drive drinking again, etc. shall be considered as favorable circumstances.

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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