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(영문) 수원지방법원 평택지원 2017.06.21 2017고단827
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

[criminal history] On September 1, 2008, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving) by the Daegu District Court, and on August 6, 2013, the Jeju District Court issued a summary order of two million won for a crime of violating the Road Traffic Act (drinking driving).

[2] On April 3, 2017, at around 21:32, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.127 percent from the three km section of the blood alcohol level to the front road of the National Agricultural Cooperative, Agricultural Cooperatives, Agricultural, Forestry and Fisheries, in the case of an anti-gravous stym styphe styphe styphe, which is the ground for appeal by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: References to inquiries, application of Acts and subordinate statutes on investigation reports (verification of the same criminal suspect records);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order and Article 59 of the Act on the Observation, etc. of Protection: The fact that there exists a record of punishment of several fines for the same kind of crime, the fact that the value of the original drinking drinking is relatively high: Confession, reflectivity, and the fact that there is no record of crime exceeding the fine, and that the punishment should not be recidivism later: The defendant's age, family relation, details of crime, etc. is sentenced: Imprisonment with prison labor for 6 months, probation 2 years, and community service order or more; and the decision is

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