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(영문) 수원지방법원 여주지원 2017.10.20 2017고단1140
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 February 26, 2010, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking) with respect to the leisure support by means of water sources, and on August 27, 2010, a fine of KRW 1.5 million was issued by the same court as a crime of violating road traffic law (drinking).

On August 8, 2017, while under the influence of alcohol content of 0.090% among blood transfusions, the Defendant driven a Bsch Rexton car at the section of approximately 200 meters from the amara cafeteria, which is located in the Changdong in the Pnju City from the front of the amar cafeteria, to the front of the amar dan dysium in the Pnju City.

Summary of Evidence

1. Statement by the defendant in court;

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 of each 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 taking into account all the factors of sentencing under Article 51 of the Criminal Act, including the fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is the time of and reflects on the crime, the drinking value and driving distance, the fact that there was no record of punishment other than twice punished by a fine, and the defendant's age, sex, environment, and circumstances of crime.

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