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(영문) 수원지방법원 여주지원 2018.08.29 2018고단604
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

[criminal history] On July 26, 2006, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 26, 2006, and a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on July 30, 2008, respectively.

[Criminal facts] On June 20, 2018, the Defendant driven the B salary class-III truck from the section of about 5 km to the solar mate in the front of the Gyeonggi-gun, one of which is under the influence of alcohol level of 0.172% among the blood transfusion around 21:30, and one of which is located in the luxical surface of the Gyeonggi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (verification of criminal records of the same kind of punishment as the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, even though the Defendant had been punished three times for violating the Road Traffic Act, driving a vehicle again, and the numerical value of alcohol concentration among the measured blood transfusion is considerably high.

The defendant is against the crime, and the defendant has no record of criminal punishment exceeding the fine.

In addition, the age, family relationship, environment of the defendant, and the motive, circumstance, etc. of the drinking driver stated by the defendant shall be determined as per the disposition.

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