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(영문) 수원지방법원 여주지원 2017.11.21 2017고단1292
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2006, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the leisure support of the Friwon method, and on June 3, 2014, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the leisure support of the Friwon method.

On September 16, 2017, the Defendant driven a B-hurd vehicle with approximately 0.056% alcohol level from the 700-meter section of blood alcohol level to the 192-214, in a state of under the influence of alcohol level, from the front of a bus terminal located in Gyeonggi-gu, Yangyang-gu, Yangyang-si, Yangpo-si, Yangyang-si, Yangyang-gu, Yangyang-si, Yangyang-gu, Yangyang-si, Yangyang-gu, Yangyang-si, Yangyang-gu, Yangyang-gu, 482-2.

Accordingly, the defendant, even though he had the power of driving a motor vehicle under the influence of alcohol not less than twice, once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Written inquiry about criminal history, etc.;

1. Investigation report (verification of the same record as the defendant) and application of summary order statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution is as follows: (a) considering the overall sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s perception and reflection of his criminal act; (b) drinking volume and driving distance; (c) the degree of punishment for the same kind of crime; and (d) the Defendant’s age, sexual behavior

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