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(영문) 수원지방법원 평택지원 2018.04.26 2017고단2401
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 3, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Suwon District Court's Eunpyeong District Court's House on June 3, 2008 and a summary order of KRW 1,50,000 for the same crime at the same court on October 8, 2008

[Criminal facts]

1. On September 17, 2017, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.180% from a portion of about 500 meters to the front road of the same RiU convenience store, which is located in Pyeongtaek-si, in front of the apartment house in the Eup-do, from September 17, 2017 to the road in front of the same RiU convenience store.

2. On September 19, 2017, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.085% in a section of about 500 meters from the 500m to the front road of an apartment apartment in the Gyeonggi-si, Gyeonggi-do, from around 09:15, the Defendant driven the B-learning car under the influence of alcohol content of around 0.085% from the 50m to the front road of an apartment in the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and on-site photographs;

1. Statement report on the circumstances of each driver of a vehicle driving, notification of the results of regulating the driving of alcohol, the state and the appraisal report, the report on detection of the driver of the vehicle driving, and investigation report;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- There is a history of punishment several times for the same crime. - there is no history of criminal punishment exceeding a fine. - The defendant sells a vehicle, etc. violates his/her own mistake.

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