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(영문) 수원지방법원 여주지원 2017.03.15 2017고단28
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 November 8, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic laws (drinking driving) at the inn court of Suwon Friju on November 8, 2010. On November 26, 2010, the Defendant was issued a fine of KRW 2 million by the same court as the same crime.

[Criminal facts] On December 12, 2016, the Defendant driven B administered a 3km vehicle from the home flusing front of the home flusium located in the Gyeonggi-si Si Geum-si in the Gyeonggi-si Government, to the same city in the same city, while under the influence of alcohol level of 0.080% among the blood transfusions around 23:38, 2016.

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 suspension of execution (see, e.g., reflectiveness and circumstances in which there is no criminal history exceeding a fine);

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

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