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(영문) 수원지방법원 평택지원 2017.03.22 2016고단2842

도로교통법위반(음주운전)

Text

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

However, the execution of the above sentence 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 September 14, 201, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of road traffic law at the Suwon Flag Flag on September 14, 201, and KRW 3 million by the same court on May 16, 2012.

[2] Although Defendant 1 was punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B-wing cars under the influence of alcohol leveling 0.106% from the 1km section of blood while under the influence of alcohol leveling 0.106%, from around December 15, 2016 to the road front of the same Si-si Do-ro 281, from the Dong-si Do-ro around 22:15, Dec. 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report of the circumstances of driving at home;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

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. The sentence shall be determined as ordered in consideration of all the sentencing conditions revealed by the records of this case, including the fact that there is no record of crime exceeding the fine against the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, and in particular, there is no record of crime during the last five years.