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(영문) 수원지방법원 2018.11.21 2018고단4923
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 January 8, 2010, the Defendant was issued a summary order of a fine of two million won for a violation of road traffic law in the support of the Daejeon District Court on the Incheon District Court, and on December 8, 2011, the Defendant was sentenced to a suspended sentence of two years for the six-month imprisonment with labor for a violation of road traffic law in the Seosan Branch of the Daejeon District Court.

[Criminal facts] On August 18, 2018, the Defendant driven B K3 motor vehicles under the influence of alcohol level of about 10km from approximately 10km to 0.1420% in blood alcohol level from the mar-type cafeteria to the 170-15 mar-ro mar.

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: Inquiry about criminal history, summary order, and application of the text of the judgment;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.

The circumstances that the defendant committed the crime of this case without being well aware of the fact that he had been punished several times due to drinking, and the circumstances that are favorable to the fact that he committed the crime of this case under the condition that he had a high alcohol concentration during blood while drinking: The defendant has an attitude to recognize his mistake and seriously reflect his behavior; and the defendant has disposed of his vehicle and has not been driving the vehicle in the future.

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