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(영문) 수원지방법원 여주지원 2019.01.08 2018고단1181
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 17, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on October 17, 2008, on October 23, 2009, a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Chungcheong Branch of Chungcheong District Court on October 23, 2009, and on February 26, 2010, a summary order of KRW 5 million was respectively issued in the credit branch of Suwon District Court on February 26, 2010.

On November 27, 2018, at around 04:21, the Defendant driven an E rocketing car with the blood alcohol concentration of about 0.108% in the section of about 1km from the roads near Pyeongtaek-si B to the roads in front of D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Statement under circumstances;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the same kind of power);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. We decide as above by comprehensively taking account of all the factors of sentencing under Article 51 of the Criminal Act, such as the time limit for sentencing under Article 62(1) of the Criminal Act, drinking water and driving distance, frequency and degree of punishment for the same kind of crime, Defendant’s age, character and conduct, environment, etc.

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