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(영문) 수원지방법원 2018.05.30 2018고단1842
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

On November 23, 2007, the Defendant issued a summary order of KRW 1.5 million for the same crime at the Seoul Western District Court, and on May 26, 2008, the Incheon District Court issued a summary order of KRW 3 million for the crimes of violating the Road Traffic Act (drinking) at the Incheon District Court.

On March 24, 2018, the Defendant driven a B Spo-land car from around 500 meters away from the front of the cafeteria cafeteria at the intersection where the Namyang Eup is located in the Namyang-si, Namyang-si, in the state of drinking at 0.059% alcohol concentration among the blood transfusion around 15:10 on March 24, 2018 to the front of the road at the intersection of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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.

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