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(영문) 수원지방법원 평택지원 2018.09.21 2018고단958
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

[criminal history] On September 24, 2008, the defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Busan District Court on September 24, 2008, and a fine of 3.5 million won for the same crime from the Gangnam Branch Branch of the Chuncheon District Court on October 4, 2016, and was sentenced to a summary order of 3.5 million won for a violation of the Road Traffic Act at least twice.

[Criminal facts] On May 2, 2018, the Defendant driven a B-hand vehicle with alcohol content of about 0.169% while under the influence of alcohol from around the 1.5km section from around the 23rd place of the office of the Pluri-si to the same Myeong 235-1nd road of the same Myeong-ri 235-1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written appraisal of alcohol during blood;

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

1. Notification of the results of regulating drinking driving;

1. C’s statement;

1. Each photograph;

1. Previous convictions: References to inquiries, application of investigation reports (the same criminal records and confirmation of the suspect) and Acts and subordinate 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 is a history of punishment of fines several times for the same kind of crime, the fact that the drinking volume of this case is considerable, the fact that the contact accident occurred at the time of this case, and that there is no record of crime exceeding the fine, and that there is no record of recidivism later: Other sentence such as the defendant's age, family relation, circumstance of crime, etc.: Imprisonment with prison labor for not less than six months, the suspension of execution two years, and the order of protection observation; and it is so decided as per Disposition.

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