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(영문) 수원지방법원 2018.07.18 2018고단2670

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That 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 July 22, 2013, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of road traffic law at the Suwon Friwon on July 22, 2013, and on October 2, 2015, the Defendant was sentenced to a summary order of 5 million won or more due to a violation of road traffic law at the Suwon Friwon Friwon on October 2, 2015, and has the record of criminal punishment twice or more due to drinking.

[2] On May 3, 2018, the Defendant driven CBa car at the section of about 70 meters from the front day of the small sea frequency 25-1 to the front day of the Seoul Baba in the same way, which is under the influence of alcohol content of 0.157% in alcohol during blood at around 22:57.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking alcohol, report on the results of regulating drinking alcohol driving, and report 112;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and text of judgment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances, including the defendant’s age, sexual conduct, environment, motive for and circumstances after committing the crime, etc.

The defendant did not know about the fact that he committed the crime of this case even though he had been punished several times due to drinking driving, and he did not know about the fact that he committed the crime of this case: The distance of driving the crime of this case seems to have been relatively short, and the defendant submitted a statement of reflection several times to seriously reflect.