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(영문) 수원지방법원 2018.09.12 2018고단3833
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 August 21, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act from the Suwon Flag Flag, and on February 15, 2012, the Defendant received a summary order of KRW 2 million for the same crime from the same court.

[2] Nevertheless, on June 20, 2018, the Defendant driven a BSpo-type car at the section of approximately 900 meters from the front of the station in the Gandong-dong Yandong to the road in front of the same Gogdong-dong Yandong Yandong-dong Yandong, in a state of drinking alcohol content of 0.063% of alcohol among the blood transfusion around 23:37.

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: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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 reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture [the scope of punishment] The sentence was determined as ordered by taking account of the following circumstances, including the Defendant’s age, sexual conduct, environment, motive for and circumstances after committing the crime, etc.

D. Unfavorable circumstances: The defendant did not know about the fact that he committed the crime of this case without being aware of the fact that he had been punished twice by a fine due to driving under drinking: The defendant shows his attitude of recognizing his wrong and seriously against him; the amount of alcohol concentration in blood is not high; and there is no record of punishment exceeding a fine.

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