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(영문) 수원지방법원 평택지원 2018.10.26 2018고단979
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 record] On November 30, 2007, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Suwon District Court's House on November 30, 2007. On December 5, 2007, the Defendant was issued a summary order of two million won for the same crime in the same court, and on July 23, 2008, issued a summary order of three million won for the same crime by the same court. On January 9, 2015, the Defendant was issued a summary order of six million won for the same crime at the same court.

[Criminal facts] On May 18, 2018, the Defendant driven a B-co car under the influence of alcohol level of about 0.083% in the section of about 20km from the front of a non-cafeteria located in Pyeongtaek-gun, Pyeongtaek-gun, Gyeonggi-do, for about 09:08 on May 18, 2018 to the roads of Seoul TG.

Summary of Evidence

1. Statement by the defendant in court;

1. Making teas;

1. Notification of the results of regulating drinking driving;

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

1. Each photograph;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (such as the same type of force), 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 and Article 59 of the Act on the Observation, etc. of Protection: A favorable circumstance, such as the fact that a person has been punished several times due to a crime of drinking alcohol driving or a crime of unlicensed driving: Confession, reflectivity, and the fact that the volume of this case drinking is not relatively heavy, and that there is no record of crime exceeding the fine due to the same kind of crime: The sentence imposed on the defendant's age, family relationship, criminal background, etc.: Imprisonment with prison labor for 6 months, probation period 2 years, and community service order or higher.

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