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(영문) 수원지방법원 평택지원 2017.11.17 2017고단1831
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 12, 2010, the Defendant issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on February 12, 2010, and on February 2, 2012, the Defendant issued a summary order of 4 million won for the same crime from the Suwon Flag Flag method to a fine of 2 million won on two occasions for a violation of the Road Traffic Act (drinking

[2] On September 11, 2017, the Defendant: (a) driven a B-te motor vehicle while under the influence of alcohol content of about 0.153% at the section of approximately 100 meters for a blood alcohol level from the front day of “three hundredslive Do,” which is located in the Dogro in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si; and (b) up to the front day of “Kasn Do” located in the same Ri.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Each photograph;

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 Code of the community service order and Article 59 of the Act on the Observation, etc. of Protection: The fact that there exists a record of punishment of fines several times for the same kind of crime, and that the numerical value of the drinking of this case is considerable: Confession, reflectivity, and fine: Other favorable circumstances: The defendant's age, family relation, details of the crime, etc.; the sentence of punishment, including the defendant's age, family relation, and crime: Six months of imprisonment, two years of suspended sentence,

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