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(영문) 수원지방법원 평택지원 2018.10.12 2018고단946
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 December 11, 2012, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating road traffic law at the Suwon District Court’s site on December 11, 201, and on November 11, 2016, the Defendant was punished on two or more occasions due to drinking, such as receiving a summary order of KRW 5 million for the same crime from the same court.

Nevertheless, on May 28, 2018, at around 23:03, the Defendant was under the influence of alcohol with approximately 300 meters alcohol concentration of 0.122% from the 300-meter section from the front of the corporate bank located in Ansan-si to the front road in the same Sindo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction: A written inquiry, a written inquiry, a report of investigation (related to the same criminal suspect's power) and the application of statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of punishment of a fine several times for the same kind of crime, the fact that the numerical value of this case drinking is considerable: Confession, reflectivity, and the fact that there is no record of crime exceeding the fine: Other sentence such as the defendant's age, family relation, circumstances of crime, etc.: 6 months of imprisonment, suspension of execution 2 years, and order of observation or higher for protection; and

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