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(영문) 수원지방법원 2017.11.07 2017고단5676
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

Criminal facts

[Power of crime] On August 14, 2008, the Defendant was issued a summary order of KRW 1,50,000 by the Jeju District Court for a violation of the Road Traffic Act (driving). On January 23, 2009, the Defendant was issued a summary order of KRW 2,50,000 by the same court for the same crime, etc.

[2] On July 19, 2017, Defendant 1 driven B-low-income cars under the influence of alcohol at approximately 0.284% in the direction of 1.5km from the front side of the west Jeju restaurant, which is located in the right line of Suwon city, around 22:00 on July 19, 2017 to the right line of 57-ro 12 of the Guwon-ro, even though he had been punished twice or more due to drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order) and statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act and the selection of punishment for the crime;

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Defendant’s Criminal Act (Article 62 of the Criminal Act is divided and reflected against the Defendant; Article 4 of the Defendant has no history of criminal punishment except for a four-time fine);

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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