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(영문) 수원지방법원 평택지원 2017.07.12 2017고단1033
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

On October 5, 2012, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on the grounds of a violation of the Road Traffic Act, and on August 22, 2013, the Defendant was sentenced to a suspended sentence of two years for six months on the grounds of a violation of the Road Traffic Act (drinking driving).

On May 20, 2017, the Defendant driven a motor vehicle from May 23:12, 2017 to the front and front road of the same Eup/Myeon Do-ro Do-ro Do-ro Do-si Do-si Do-si Do-si Do-si Do-si, with a alcohol content of about 0.067% while under the influence of alcohol at approximately 200 meters.

As a result, the defendant has driven a motor vehicle more than twice and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions: References to inquiries, application of investigation reports (the same criminal records and confirmation of the suspect) and 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, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: A favorable circumstance, such as the fact that a person has been sentenced to the suspension of the execution of imprisonment and a fine for the same kind of crime, and the fact that a person has been sentenced to the punishment several times for the same crime: A confession, reflectivity, and the fact that the volume of drinking of the principal case has not been relatively high, and that the person does not subsequently repeat the crime: A sentence such as the defendant's age, family relationship, criminal history, etc.: A suspended sentence of imprisonment for eight months, two years

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