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(영문) 수원지방법원 여주지원 2017.09.15 2017고단732
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 7, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court, and a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on July 17, 2014, and was sentenced to a summary order of three million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on December 18, 2014.

On May 23, 2017, while under the influence of alcohol content of 0.140% during blood transfusion around 02:26, the Defendant driven a B G80 car from a section of about 3km from the roads near the Seongbuk-gu Seoul Metropolitan Government to the front of the salary class in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written inquiry about criminal history, etc.;

1. Summary order;

1. Application of statutes governing judgment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act takes into account the fact that the defendant was punished three times for the same kind of crime, and the defendant committed the instant crime at a disadvantage. It is so decided as per Disposition by taking into account all the factors of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc.

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