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(영문) 수원지방법원 평택지원 2018.07.27 2018고단550
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 1, 2007, the Defendant received a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking) from the Changwon District Court's Seongbuk Branch on the charges of violating the Road Traffic Act. On April 23, 2014, the Defendant was subject to the suspension of indictment on the charges of violating the Road Traffic Act (drinking) at the office of the public prosecutor's office located in the Suwon District Public Prosecutor's Office.

[2] On March 31, 2018, the Defendant driving a motor vehicle under the influence of alcohol again while under the influence of alcohol by driving a BM5 motor vehicle under the influence of alcohol with approximately 3km alcohol concentration of about 0.067% at a section of about 3km from the roads near the opposite natural street in the Yanan-si, Manan-si, Manan-dong to the roads near the Yan-si, Yan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (former confirmations)-related 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: A sentence of imprisonment with prison labor for not less than six months, a suspended sentence of one year, and a sentence of imprisonment with prison labor for not less than six months, on the grounds of more than a protective observation order, such as the fact that there was a history of punishment of a fine several times for the same kind of crime: the confession, reflect, and blood alcohol concentration is relatively high, and that there is no criminal history exceeding a fine;

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