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(영문) 수원지방법원 평택지원 2017.08.16 2017고단531
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 December 21, 2009, the Defendant was issued a summary order of KRW 1 million at the Incheon District Court on December 21, 2009, and a summary order of KRW 2.5 million at the same court on February 11, 2010, respectively.

On February 18, 2017, at around 02:10, the Defendant driven a Brocketing car with alcohol level of about 0.131% during blood alcohol level from approximately 800 meters away from the vicinity of the business trip of Pyeongtaek-dong, Seo-dong, Seo-dong, Seo-dong, to the 99 square-ro, Seo-dong, Seo-dong, Seo-dong, Seo-dong, to the 99 square-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (attached 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. 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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, considering the fact that the alcohol concentration among the blood of this case is relatively high, reflects the fact that there is no criminal history other than the previous conviction in the judgment, the circumstances of the crime of this case, and all other conditions of sentencing including the defendant's age, sex, environment, family relationship, etc.

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