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(영문) 수원지방법원 여주지원 2018.08.21 2018고단715
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 July 25, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) in the leisure support by the source method of water source, and a summary order of KRW 1,50,00,00 as a fine for a violation of road traffic law (drinking) on July 12, 2013 in the leisure support by the source method of water source.

On July 17, 2018, the Defendant driven a 1 ton of B-wing vehicle while under the influence of alcohol content of about 0.277% at the 3km section from around 20:08 to around 194 on the same day, from around 20:08 to around 20:08, the Defendant driven a 1 ton of B-wing vehicle while under the influence of alcohol content of blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 in Part II of the Investigation Report (Confirmation of the previous record), summary order, and 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 comprehensively taking account of all the factors of sentencing under Article 51 of the Criminal Act, such as the time limit for sentencing under Article 62(1) of the Criminal Act, the number of drinking alcohol and driving distance, the frequency and degree of punishment for the same kind of crime, the defendant's age, sexual behavior, environment, etc.

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