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(영문) 수원지방법원 여주지원 2018.01.10 2017고단1394
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 February 13, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on March 31, 2009, a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on April 11, 201, the above court received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On October 30, 2017, the Defendant driven a vehicle with 500 meters hump from the 500m section to the front road of the driver’s industrial company in front of the 882-day Eup/Myeon located in the south Eup/Myeon, in the state of alcohol concentration of 0.064% in alcohol among blood transfusion around 21:10 on October 30, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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 a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 stay of execution ( comprehensively considering the criminal records of the defendant, the concentration of alcohol in the blood transfusion of a drunk driving, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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