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(영문) 수원지방법원 여주지원 2019.03.15 2019고단83
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2015, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 30, 2015, and on May 17, 2016, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on May 17,

On January 12, 2019, at around 03:15, the Defendant driven a F car at approximately 2 km from the front of a restaurant located in Yangn-gun B to the front of the E convenience store located in Yangn-gun D, while under the influence of alcohol with a blood alcohol content of 0.185%.

around 13:30 on February 4, 2019, the Defendant driven a F Carren II vehicle not covered by mandatory insurance from approximately 5 km section to the first road located in Gyeonggi-si H from the Defendant’s house located in Gyeonggi-si G to the G of Gyeonggi-gu.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Criminal history records, and other inquiry reports "2019 Highest 123";

1. The criminal place;

1. Reporting on detection (Violation of the Guarantee of Automobile Accident Compensation Act);

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, the values of drinking alcohol, driving distance, and the frequency and degree of punishment for the same kind of crime shall be taken into consideration in an unfavorable circumstance; however, it shall be taken into consideration in favor of the situation and reflects, and there is no penalty exceeding the fine, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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