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(영문) 수원지방법원 2018.04.11 2018고단98
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has been punished two times or more due to drinking, such as being sentenced to a fine of 4 million won due to a violation of road traffic laws at the Seoul Central District Court on October 5, 2009, and a fine of 1.5 million won due to a violation of road traffic laws at the Suwon Friwon on December 12, 2008.

[2] On January 2, 2018, the Defendant, while under the influence of alcohol content of 0.087% in blood, was driving B vehicles at approximately 300 meters in front of the “new Enden church” in the same city-based death movement on the roads adjacent to the Gannish-gu Seoul Special Metropolitan City Drown-gu Drown-gu Drown on January 2, 2018.

The Defendant, who was punished twice or more due to drinking driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (to hear statements by a suspect or telephone);

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act for an order to attend a lecture and an order to provide community service [the scope of punishment] The punishment as ordered shall be determined by taking into account the following circumstances, such as the Defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) imprisonment with prison labor for six months or more; (b) imprisonment with prison labor for one year and six months; (c) and (d)

A disadvantageous circumstances: The defendant committed the crime of this case without being aware of the fact that he had been punished for a fine not less than twice due to drinking driving, and the circumstances favorable to the defendant that he committed the crime of this case: his mistake is recognized, and the amount of alcohol concentration in blood is expressed.

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