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(영문) 수원지방법원 평택지원 2018.12.21 2018고단1388
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] The Defendant was issued a summary order of KRW 3.5 million, respectively, for the same crime in the support of the Daegu District Court on August 14, 2008, as a crime of violating the Road Traffic Act (drinking). On April 4, 2016, the Defendant was issued a fine of KRW 1 million and a fine of KRW 3.5 million for the same crime.

[Criminal facts] On April 20, 2018, the Defendant driven D 7 vehicles while under the influence of alcohol content of about 0.267% in blood from around 200 meters to the front road of the Defendant’s office located in Pyeongtaek-si B at about 18:30 on April 20, 2018

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. A written appraisal of alcohol during blood;

1. Each photograph;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes on investigation reports (verification of the same kind of power);

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: The fact that there are records of being sentenced to several fines for the same kind of crime, that the drinking volume of this case is very high to 0.267%, that there was an accident at the time of this case, and that there is no record of criminal punishment exceeding the fine for the same kind of crime, that there is no record of criminal punishment for the same crime, and that there is no further re-offending, etc., other favorable circumstances such as the age, family relation, details of the crime, etc. of the defendant: Imprisonment with prison labor for 8 months, suspended sentence 2 years, and that there is no record of criminal punishment exceeding

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