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(영문) 수원지방법원 평택지원 2018.06.27 2018고단539

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 1, 201, the Defendant is a person who has been punished two times or more as a crime of violating the Road Traffic Act (drinking) at the Suwon District Court’s Suwon District Court’s House on November 1, 201, and a fine of 2.5 million won in the same court on September 28, 2017 by receiving a summary order of the same crime, etc. from the same court on September 28, 201, respectively.

[2] On February 12, 2018, around 04:50, the Defendant driven a Bsp motor vehicle with alcohol content of 0.105% in blood while under the influence of alcohol from around 35 km section from around 60:0 to the 35k-si Hubpthal Road from the 60th day of Seongdong-gu Seoul Metropolitan Government to the 35k-si Hubpthal Road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written response to a request for appraisal;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 favorable circumstances):

1. Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “Suspension of Execution”) provides for a sentence as ordered by comprehensively considering the following: (a) the place where the sentence is to be imposed, the place where the sentence is to be imposed, the record of the same kind of crime, etc.; (b) the liability for the crime is not less than that prescribed; (c) the fact that the mistake is recognized, the fact that there is no record of criminal punishment exceeding the fine; (d) the Defendant’s age, sex, environment, circumstances leading