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(영문) 수원지방법원 평택지원 2018.11.22 2018고단978
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 23, 2015, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on January 23, 2015, and on May 26, 2015, the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime at the Seoul Central District Court on May 26, 2015 and was sentenced to a penalty of KRW 2.5 million for drinking.

Nevertheless, at around 09:41 on May 19, 2018, the Defendant driven B K3 cars while under the influence of alcohol leveling 0.173% in the 2km section of approximately 2 km from the roads near Gangnam-gu Seoul, Gangnam-gu, Seoul to the roads of about 2 km in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving drinking, and photographs;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There are several records of punishment for the same crime, provided that the driving of the drinking of this case does not cause other traffic accidents due to the driving of the drinking of this case. - The defendant is against his mistake.

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