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(영문) 수원지방법원 평택지원 2017.10.25 2017고단1528
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 7, 2009, 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 October 2, 2012, the Defendant was issued a summary order of two million won for a crime of violating the Road Traffic Act (drinking driving) by the Daegu District Court.

[2] On July 19, 2017, the Defendant driven a B-car under the influence of alcohol content of approximately 0.078% from the two kilometers away from the front of the steering ground of Pyeongtaek-si, Dong Dong-dong to the front road of Pyeongtaek-si, Pyeongtaek-si, fung-si, 529 kidon-ro, G-si. In addition, the Defendant driven a B-car under the influence of alcohol value of about 0.078% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating 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 Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order: A favorable circumstance such as the fact that there was a history of punishment of a fine several times for the same kind of crime: A confession, reflectivity, and the fact that there was no record of crime exceeding a fine, and the fact that the drinking volume of this case does not relatively heavy: A sentence imposed on the defendant's age, family relationship, criminal history, etc.: 6 months of imprisonment, 2 years of suspended sentence, and

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