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(영문) 수원지방법원 여주지원 2018.09.11 2018고단763
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 30, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, etc. at the Suwon Flag method Board, and a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, from September 11, 2013 at the Suwon Flag method Board.

On June 30, 2018, the Defendant driven a Benz S50-L car at approximately 1 km section from the front of a new sports park located in a waterside 0.204% of alcohol alcohol level in Echeon-si under the influence of alcohol level around 16:55, to the front road of the old real estate located in Echeon-si, the Defendant driven a Benz S50-L car at the front of the real estate located in Echeon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes as a result of inquiry;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, the frequency and degree of driving distance, and the number of times and degree of punishment for the same kind of crime, etc. shall be considered as disadvantageous circumstances, and the fact that the time is human being and reflects shall be considered

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health condition, and economic condition, shall be determined as per the disposition.

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