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(영문) 수원지방법원 평택지원 2017.08.30 2017고단928
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 April 5, 2013, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court's Pyeongtaek District Court on April 5, 2013, and on October 6, 2014, the Defendant was issued a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Seowon District Court's Pyeongtaek District Court's site site.

On April 30, 2017, the Defendant driven D U convenience car at approximately 0.194 percent alcohol level from the 100-meter section of blood alcohol level to the front road of the 1 CU convenience store in Eup, Myeon, through the 7-way road in both sides of the same side of the Myeon to the 13U convenience store in Eup, Myeon, Myeon-si, Myeon-si, Myeon-si, Myeon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Inquiries about criminal history and the application of Acts and subordinate statutes of the reporting of investigation (same species of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Recognizing the crime of sentencing under Article 62-2 of the Criminal Act, the fact that it is against the order to attend a lecture, there is no record of crime between the last three years, there is no record of punishment exceeding the fine, the distance of driving is very short, the alcohol concentration in the blood of this case is considerably high, three times the power of punishing drinking driving, and other various sentencing conditions under Article 51 of the Criminal Act shall be comprehensively considered and determined as ordered.

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