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(영문) 수원지방법원 2018.07.04 2018고단1918

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 June 19, 2007, 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 House, and a summary order of KRW 2 million for the same crime at the same court on November 1, 201, respectively.

[Criminal facts] On March 24, 2018, the Defendant driven B K5 cars under the influence of alcohol concentration of about 0.082% from the 200 meters of alcohol level to the road front of the Do in the 2-lane 1 of the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the So

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), and application of the statutes attached to the 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 grounds 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 (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive and circumstances after committing the crime, etc., shall be determined as ordered in consideration of the following circumstances and other conditions of sentencing as stated in the records.

D. Unfavorable circumstances: The defendant committed the crime of this case without being aware of the fact that he had been punished for a fine of three times due to driving of drinking: The defendant's mistake is recognized and seriously reflected, and the amount of alcohol concentration in blood is not high.