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(영문) 수원지방법원 여주지원 2018.01.23 2017고단1495
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 29, 2013, the Defendant was sentenced to a summary order of a fine of three million won or more due to a violation of road traffic law in support of the Sungnam-gu Friwon, and a summary order of a fine of three million won or more due to a violation of road traffic law in support of the Friwon Friwon Friwon Friwon Friju on May 10, 2013. On September 9, 2013, the Defendant was sentenced to imprisonment for 6 months or 2 years of suspension of execution.

On October 25, 2017, at around 20:55, the Defendant driven a BF car in the state of alcohol alcohol content of approximately 0.185% from the section of approximately 2km to the front road of the Chang Apartment apartment, which is located in the wing-dong, in the summer-dong, which is located in the summer-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a actual survey report;

1. The circumstantial report of the driver employed at the main place;

1. Report on the circumstances of driving under the liquor:

1. Written inquiry about criminal history, etc.;

1. Report of investigation (in case of attaching a copy of the same kind of judgment of the defendant, etc.);

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

1. Although the crime of this case was committed on three occasions due to the same kind of crime for which punishment was imposed under Article 62-2 of the Social Service Order Criminal Act, it is not good in that the crime of this case was committed again on three occasions on 2013, the fact that the time is human and reflects, there is no record of punishment other than the punishment imposed on 2013, and thereafter there is no record of punishment, and thereafter, it seems that there is no other crime committed, and the punishment conditions under Article 51 of the Criminal Act, such as drinking value and driving distance, Defendant’s age, sexual behavior, environment, etc., are considered as ordered.

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