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(영문) 수원지방법원 2018.07.18 2018고단2949
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 December 16, 2008, the Defendant received a summary order of KRW 2.5 million from the Seoul Central District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, and from the Suwon Friwon on January 8, 2014 to a fine of KRW 5 million for a violation of the Road Traffic Act.

On May 19, 2018, the Defendant: (a) around 23:30, the facts charged in the section of about 300 meters from the parking lot of Songsan Agricultural Co., Ltd., the Sinsan City to the Sinsan Madro-ro 56, the Sinsan Madro-ro Madro-ro 56, the Defendant stated that the Defendant driven approximately 1 km from the frequency frame in the Sinsan City, the Sinsan City, the Sinsan City, the Sinsan City, the Madro-ro 56, the Sinsan City, the Sinsan City, the Sinsan-do, the Sinsan City, the Sinsan-do, the Defendant driven approximately 300 meters from the parking lot of Songsan-do to the court.

In addition, there is no evidence to acknowledge that the defendant had driven from the point of origin more than the point of origin recognized by the defendant. Thus, the criminal facts were acknowledged within the scope of identity of the facts charged as above.

In the blood alcohol concentration of 0.155%, Bunst cargo vehicles were driven under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend a lecture [the scope of punishment] The imprisonment of six months or more to one year and six months (the decision of sentence] as follows, and the defendant's age, sex, environment, and motive for the crime.

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