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(영문) 수원지방법원 2018.04.25 2018고단943
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 December 12, 2008, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of road traffic law at the Suwon Flag Flag on December 12, 2008, and on May 29, 2009, the above court issued a summary order of 3 million won or more due to a violation of road traffic law (driving) and has the record of criminal punishment on two occasions or more due to drinking.

[Criminal facts] On January 30, 2018, the Defendant driven a Blater vehicle under the influence of alcohol with 0.135% alcohol concentration at approximately 50 meters from the inside of the parking lot at the storage place of the towing vehicle at KRW 135,00,00, 235,000 in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and the entrance of the said parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history, etc. of the same kind) statute;

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(1) of the Criminal Act regarding an order to attend a lecture [the scope of punishment] 6 months or more of imprisonment 1 year and 6 months (decision of sentence ] The following circumstances and other conditions of sentencing indicated in the records, such as the defendant’s age, sex, environment, motive for and circumstances after committing the crime, etc., shall be determined as ordered.

The defendant committed the crime of this case without being aware of the fact that he had been punished twice due to drinking: The driving distance is short and there is no record of being punished exceeding the fine.

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