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(영문) 수원지방법원 평택지원 2018.01.18 2017고단1847

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 August 26, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s site site on August 26, 201. On July 25, 201, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

[2] On August 23, 2017, the Defendant driven a B-car under the influence of alcohol leveling 0.127% from around 400 meters from the 400-meter section to the 3rd day of Pyeongtaek-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal 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 suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There are two penalties for the same crime. - There is no history of criminal punishment exceeding the fine. - The defendant is against his mistake.