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(영문) 수원지방법원 2018.05.23 2018고단1477
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] The Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (driving of alcohol) at the Incheon District Court on October 8, 2008, and was sentenced to a fine of five million won or more due to drinking driving on August 26, 2014, and was sentenced to a summary order of five million won or more due to the same crime from the Suwon Flag Flag on August 26, 201.

[2] On March 10, 2018, the Defendant driven a CSpo-type car under the influence of alcohol content of approximately 0.071% in blood on the 8km section from the 64-4-ro, Suwon-si, Suwon-si, Suwon-si, Seoul-si, to the front side of the entrance of the mouth of the 260-ro, Suwon-si, Suwon-si, Suwon-si, the Defendant driven a CSpo-si car under the influence of alcohol content of about 0.071% in blood.

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 application of Acts and subordinate statutes on investigation reports;

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 Act of the community service and order to attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances, including the defendant’s age, sexual conduct, environment, motive for and circumstances after committing the crime, etc.

Unfavorable circumstances: the Defendant committed the instant crime without being aware of the fact that he had been punished three times by a fine due to drinking driving.

In favorable circumstances: The amount of alcohol concentration in the blood is not high, and there is no record of punishment exceeding the fine, and the possibility of recidivism is low by disposing of the vehicle possessed after the instant case, and the defendant's will be normal.

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