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(영문) 수원지방법원 2018.10.05 2018고단4064

도로교통법위반(음주운전)

Text

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

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 7, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on drinking), and a summary order of KRW 4 million for the same crime in the same court on August 29, 2014.

[Criminal facts] On July 10, 2018, the Defendant driven B K5 car under the influence of alcohol leveling 0.128% from the 3km section of blood alcohol leveling from the 23-5 jum jum jum jum jum jum jum jum jum 23-5 to the 767 jum jum jum jum jum jum jum jum jum jum jum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and the text of the judgment attached thereto;

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 Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.

Unless the defendant is aware of the fact that he committed the crime of this case without being aware of the fact that he was punished twice by a fine due to drinking: The defendant shows an attitude that he seriously reflects on the fact that he committed the crime of this case, such as recognizing his mistake, disposing of the vehicle, and not driving the vehicle in the future.