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(영문) 수원지방법원 평택지원 2017.01.12 2016고단1875
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

[criminal history] On July 28, 2016, the Defendant was sentenced to a suspended sentence of two years on the one-year imprisonment with prison labor for a motor vehicle room owned by the Suwon District Court, and the said judgment became final and conclusive on August 5, 2016.

[Criminal facts]

1. On April 13, 2016, the Defendant: (a) driven a car with C highest typ alcohol content of about 0.107% while under the influence of alcohol on April 13, 2016 at approximately 4km, from the Hangam 2-lane 21, located in Pyeong-si Eup, Pyeongtaek-si, Pyeong-si, on April 13, 2016, to the nearby road of about 1145, as in the same Seo-dong, as in the same Seo-dong.

2. On April 13, 2016, the Defendant: (a) driven a vehicle with C highest typ alcohol content of about 0.091% while under the influence of alcohol at about 0.091% in the middle of the 3rd apartment complex located in the center of the Eup in the same city from the Do near the 11145, as of April 13, 2016, to the 103rd apartment road located in the same city as Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving each week, and notification of the results of regulating driving of each drinking;

1. Application of statutes governing judgment;

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (see, e.g., Supreme Court Decision 148-2 subparag. 3 and 44(1) of the Road Traffic Act; Articles 148-2 subparag. 2 subparag. 3 and 44(1) of the Road Traffic Act (see, e.g., Supreme Court Decision 2006Da1558, Apr. 1, 201); each of the

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In addition to the one-time fine due to driving under the influence of alcohol on the grounds of sentencing under Article 62(1) of the Criminal Act, there is no previous conviction prior to the instant case. In the course of attempted suicide due to each of the instant crimes, the crime of fire-prevention was committed, due to the disbursement of heavy damage compensation, and the execution of community service by a suspended sentence of imprisonment with prison labor as stated in its holding, and the protection and surveillance is being performed, the current workplace life is being supported, and there is a family member to support.

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