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(영문) 수원지방법원 평택지원 2018.11.22 2018고단1230
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

On December 16, 2004, the Defendant was sentenced to a summary order of KRW 70,000 to a fine of KRW 700,000 for a violation of the Road Traffic Act, on October 31, 2007, and a summary order of KRW 1,00,000 for a violation of the Road Traffic Act, respectively, on June 20, 2008, in the Suwon District Court's Suwon District Court's Pyeongtaek District, for a violation of the Road Traffic Act (driving) in the case of a violation of the Road Traffic Act (driving), and on June 20, 2008, the Defendant was sentenced to a suspended sentence of 3 years for a suspended sentence of 1 year and 6 months, and on December 12, 2014, in the case of a violation of the Road Traffic Act (driving) from the members of the Suwon District Court's Suwon District Court's Housing Site on August 3

On June 17, 2018, the Defendant driven a motor vehicle under the influence of alcohol more than twice, while driving a motor vehicle under the influence of alcohol more than 0.157% in a section of about 10k alcohol concentration from the road near a mutually aesthetic restaurant located in the Taecheon-dong in Ansan-si to the road near the entrance of the village in Ansan-si to the safe-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, or a report on the detection of the principal driver;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of records of the same kind of drinking alcohol);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. Although the Defendant was punished for the reason of sentencing under Article 62-2(1) of the Criminal Act, the nature of the instant crime is not very good in that the Defendant’s criminal records, driving background, and alcohol concentration during blood is considered in sentencing, even though the Defendant was punished for driving alcohol.

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