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(영문) 수원지방법원 평택지원 2018.06.14 2017고단2467
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 4, 2017, the Defendant driven BM3 automobiles under the influence of alcohol content of about 0.234% in blood on the section of approximately 1.5km from the 1.5km to the road front of the window in the 2427-28 Chang-gu, Gyeonggi-do, at around 23:15 on December 4, 2017, from the road near the Taepuk apartment in the Taepuk-gu, Gyeonggi-si to the same scopic-si.

2. On December 5, 2017, the Defendant driven the said SM3 vehicle while under the influence of alcohol with approximately 0.117% alcohol concentration on the part of approximately 1.5km from the blood, to the road front of the 2427-3 creative road, starting from the roads near the Switzerland in the Eup, among Gyeonggi-si, the Defendant, at around 0:40 on December 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver who is employed each week;

1. Application of Acts and subordinate statutes to notify the results of alcohol appraisal and the control of drinking driving during blood;

1. Selection of a person who commits a crime under any provision of Article 148-2 (2) 1 and 2 of the Road Traffic Act, and the selection of a person who commits a crime under any provision of the relevant Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The sentencing of Article 62-2 of the Criminal Act is based on the fact that the defendant, for the reasons of sentencing under Article 62-2 of the order to attend a lecture, drives drinking again after driving alcohol, and such crime is not good but has no record of crime exceeding the fine, etc.; however, the order to attend a lecture shall be imposed to prevent recidivism.

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