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(영문) 수원지방법원 평택지원 2018.05.09 2018고단74
도로교통법위반(음주운전)등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 12, 2014, the Defendant issued a summary order of a fine of KRW 1.5 million to a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court on the site of Pyeongtaek on June 12, 201, and on February 17, 2017, the Defendant issued a summary order of a fine of KRW 3 million to the same court on the same crime and received a summary order of KRW 3 million from the same court on at least two occasions as a crime of violating the Road Traffic Act.

On December 29, 2017, the Defendant driven a motor vehicle with alcohol content of approximately 0.073% in blood, while under the influence of alcohol leveling from approximately 200 meters to the front road of a 200-meter-based restaurant located in the Eup/Myeon in the same Si/Do, from the road near the cafeteria of the Maternal Doctor’s Dol’s Dol’s Dol’s Dol’s Dol’s Dol’s Dol’s Dol’s Dol’s Dol’s Dol’ Dol’

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (No. 14 No. 5 of the evidence list);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Although there was a history of three times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), in the state of drinking at the same time, the punishment for each of the crimes of this case shall be determined as ordered by comprehensively taking account of the following factors: (a) the fact that the mistake is recognized and contradictory; (b) the drinking value is less than 0.1%; (c) the drinking value is less than 0.1%; (d) there is no history of criminal punishment exceeding the fine; (e) the Defendant’s age, sex, environment

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