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(영문) 수원지방법원 2018.04.04 2018고단473
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 13, 2012, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act at the Suwon Flag Flag on the ground of a violation of the Road Traffic Act, and a fine of 1.5 million won for the same crime from the Suwon Flag on September 22, 2014.

[The facts of the crime] On December 8, 2017, the Defendant driven a BF car under the influence of alcohol leveling of about 0.116% from the section of about 1km to the road front of the Suwon Hospital funeral hall at approximately 77,00,00,00, 367, Dogg-ro, Suwon-si, Suwon-si, Suwon-si, to the road front of the Suwon Hospital funeral hall at KRW 288, 288, to the road front of the Suwon Hospital, while under the influence of alcohol leveling of about 0.116%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Code of the Order of Education and the Order of Community Service [the scope of punishment] The punishment as ordered shall be determined by taking into account the following circumstances, such as the Defendant’s age, sexual behavior, environment, blood alcohol concentration, motive of the crime and circumstances after the crime:

A disadvantageous circumstances: The defendant committed the crime of this case without being aware of the fact that he had been punished twice by a fine due to drinking, even though he had a record of such punishment: The fact that he/she was aware of his/her mistake and seriously against him/her;

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