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(영문) 수원지방법원 평택지원 2018.09.28 2018고단916
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 30, 2008, the Defendant issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court on April 30, 2008, and on December 24, 2008, the above court issued a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act (drinking driving), and was punished on more than two occasions by drinking.

그럼에도 불구하고 피고인은 2018. 5. 20. 20:50 경 안성시 당왕동에 있는 안성 병원 부근 앞 도로에서부터 안성시 미 양면 계륵 리에 있는 양봉 농협 입구 앞 도로까지 약 2km 구간에서 혈 중 알콜 농도 0.063% 의 술에 취한 상태로 B 재규어 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. 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. Although the reason for sentencing of Article 62(1)(hereinafter referred to as the “Suspension of Execution”) of the Criminal Act was five times more favorable for sentencing, the punishment as set forth in the Disposition is not easy for the crime of this case to be committed, but is against the fact that the mistake is recognized, that the drinking value is less than 0.1%, that there is no record of criminal punishment after 2008, that there is no record of criminal punishment after 2008, and other factors such as the Defendant’s age, sex behavior, environment, background leading to the crime, circumstances leading to the crime, and circumstances after the crime are considered.

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