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(영문) 수원지방법원 여주지원 2017.06.28 2017고단567
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

[criminal history] On May 28, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving of Drinking) from the Suwon Flag method Board on March 14, 2012.

[Criminal facts] On May 11, 2017, the Defendant driven a B SP car under the influence of alcohol concentration of about 0.086% in the section of about 460 meters from the front day of the SPP to the front day of the SPP 50 LPP, which is located in the 54 SPP 54 SP, in SPP on May 11, 201.

As a result, the defendant has driven a motor vehicle under the influence of alcohol not less than twice but once again, despite the power of driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the 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. Although there is a record of being punished for the same kind of crime for sentencing under Article 62-2 of the Criminal Act of the community service order, the sentence as the order shall be imposed in consideration of the circumstances where there is no record of punishment heavier than the fine.

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