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(영문) 수원지방법원 2018.10.17 2018고단3922
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 March 13, 2009, the Defendant was issued a summary order of 2.5 million won as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Franchising Station on March 13, 2009, and on August 10, 201, the Defendant was sentenced to a suspended sentence of 2.5 million won for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing Vehicles) at the Suwon Flag Station on August 10, 201.

[Criminal facts] On June 19, 2018, the Defendant driven a Csch Rexroth car at approximately 800 meters section to the roads near the Gyeonggi-si New Gung-dong, Gyeonggi-gu, Gyeonggi-do, Gung-si, Gung-si, Gyeonggi-do, Gung-si, Gung-si, Gung-si, Gyeonggi-do, Gung-si, Gung-gu, Gung-gu, Gung-gu, Gung-gu, Gung-gu, Gung-gu, Gung-gu, 201.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.

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 drinking alcohol measurement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and judgment, etc.);

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, including the observation of protection, order to attend a lecture, and the reason for sentencing [the scope of punishment] From six months to one year and six months of imprisonment (determination of sentence] under the following circumstances, and other conditions of sentencing indicated in the records, such as the defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime, were determined as ordered.

Unfavorable circumstances: The defendant is well aware of the fact that he has been punished twice by a fine due to drinking, or one suspended sentence.

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