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(영문) 수원지방법원 평택지원 2017.03.22 2016고단2345
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 record] On November 10, 2006, the Defendant was issued a summary order of KRW 700,000,000,000,000,000,000 won for the same crime by the same court on July 31, 2007, and a summary order of KRW 2,50,000,00,000,000,000,000,000 won for the same crime from the Suwon District Court on November 3, 2008, respectively.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 1 driven B AWW xD car at the 800m section prior to the front of the 800-meter term of the 1st day of the university, i.e., college 17-15, under the influence of alcohol content at around 18:40 on October 16, 2016, when he was under the influence of alcohol content at around 0.14% in the e.g., during the e., the e., the e., the e., the e., the e., the e., the e.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Each photograph;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (the same kind of force)-related Acts and subordinate statutes;

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: The fact that there exists a record of being punished by a fine due to drinking alcohol driving on several occasions, the fact that there is no record of being sentenced to a confession, reflectivity, the suspension of the execution of imprisonment or a heavier punishment, and the fact that there was a record of finally punished for driving alcohol in 2008, other than the case, that there was a record of being sentenced to punishment due to drinking alcohol driving in 208: the sentence imposed on the defendant's age, family relation, conditions after committing the crime, etc. is eight months: imprisonment, two years of suspended sentence, and the order of observation or higher

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