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(영문) 수원지방법원 2018.04.25 2018고단979
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

On March 30, 201, the Defendant issued a summary order of a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the source of water source method on March 30, 201, and a summary order of KRW 4 million for the same crime at the same court on May 26, 2014, on two occasions, the same power has more than two times.

Although the Defendant had been punished for driving alcohol more than twice as above, the Defendant driven a B car under the influence of alcohol content of 0.061% from the gold-ro 236 home fluspons road in Suwon-si, Suwon-si, the gold-ro 21:40 on December 25, 2017 to the front road of 29-ro 140, the same gold-ro 29-ro 8, the same Gu gold-ro 8, the Defendant driven the B car under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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 Act regarding an order to attend a lecture [the scope of punishment] 6 months or more of imprisonment 1 year and 6 months (decision of sentence ] The following circumstances and other conditions of sentencing indicated in the records, such as the defendant’s age, sex, environment, motive for and circumstances after committing the crime, etc., shall be determined as ordered.

A disadvantageous circumstances: The defendant committed the crime of this case without being aware of the fact that he/she had been punished four times by a fine due to driving of alcohol: The blood alcohol concentration is not high, and there is no record of punishment exceeding the fine.

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