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(영문) 수원지방법원 평택지원 2018.10.11 2018고단776
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 1, 2009, the Defendant was sentenced to a summary order of a fine of KRW 1.5 million for a violation of road traffic law at the Suwon District Court's Eunpyeong District Court's House on July 2, 2015, and a fine of KRW 3 million for a violation of road traffic law (driving) at least twice as a crime of violation of road traffic law (driving under drinking), respectively, at the Suwon District Court's House on July 2, 2015.

[2] On April 27, 2018, the Defendant driven a B-hand car under the influence of alcohol level of about 100 meters from the center located in the same Ri to the front road, or from around 100 meters away from the 100-meter section of the sea area restaurant located in the Hasung-si Do Eup, Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a record of being punished several times for the same crime, provided that the driving of the drinking of this case does not cause other traffic accidents due to the driving of the drinking of this case. - there is no record of criminal punishment exceeding a fine. - The defendant is against his own mistake.

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