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(영문) 수원지방법원 2018.09.12 2018고단3704
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 April 18, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon Flag Flag Flag on the ground of violation of the Road Traffic Act. On January 21, 2011, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon Flag Flag Flag on the ground of the violation of the Road Traffic Act. On July 28, 201, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

[2] On June 18, 2018, the Defendant driven a vehicle with low alcohol at the section of approximately 100 meters prior to the road before the branch office of the Nong-ri in the event of the game in the condition of alcohol 0.138 percent while under the influence of alcohol during blood at around 23:00, the Defendant driven a vehicle with low alcohol at approximately 10 meters in front of the branch office of the Nong-ri-ri office in the event of the game in the event of the game industrialization.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving the car under the influence of alcohol again.

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 conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (limited to the same criminal record and 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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [the scope of punishment] From six months to one year and six months (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.

A disadvantageous condition: The defendant is under the influence of alcohol without being aware of the fact that he was punished three times by a fine due to drinking.

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