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(영문) 수원지방법원 2018.05.30 2018고단1866
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2006, the Defendant has a record of being sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on August 11, 2006, and a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on October 19, 201.

On March 30, 2018, the Defendant driven Bcom-sports cargo vehicles under the influence of alcohol 0.183% in an influencous distance from the fluent land of the Namyang Eup to the southyangyang Eup, Namyang-si, Namyang-si, Namyang-do, Namyang-do, in the event that they are influent with alcohol level of 0.183% in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of regulating drinking driving, and photographs on the control site;

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. 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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [the scope of punishment] The sentence shall be determined as ordered by taking into account the following circumstances, including the defendant’s age, sex, environment, motive and circumstances after the crime, etc.:

D. Unfavorable circumstances: The Defendant committed the instant crime without being aware of the fact that he/she had been punished twice by a fine due to drinking, and the circumstances in which the amount of alcohol content in blood is considerably high: The Defendant’s mistake is recognized.

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