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(영문) 수원지방법원 여주지원 2017.11.22 2017고단1254
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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] The defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act (driving in Drinking) on November 29, 201, on the part of the Friwon Friju, the defendant was sentenced to a suspended sentence of 1.5 million won for a violation of the Road Traffic Act. On May 9, 2005, the defendant issued a summary order of 1.5 million won for a violation of the Road Traffic Act (driving in Drinking) on the part of Friwon Friju, and on November 19, 2004, for a violation of the Road Traffic Act (driving in Drinking) on the part of Friju who was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act.

[2] On September 4, 2017, the Defendant: (a) driven a bicycle with B49c motor device under the influence of alcohol concentration of about 500 meters at approximately 0.093% in a section of 500 meters, from the front day of the mutual influoral co-loan, which is located in Yangyang-gu, Yangyang-gu, Yangyang-gun, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangpo-gun, to the front day of Yangyang-gu, Yangyang-gu, Yangpo-si public interest.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although there was a record of being punished several times for the same kind of crime with the same reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence like the order shall be imposed by taking into account the unfavorable circumstances, such as the occurrence of the instant crime, and the circumstances where the subject of driving alcohol of this case is a 49c motor engine device and a relatively low risk, etc.

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