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(영문) 수원지방법원 평택지원 2018.11.21 2018고단1266
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 January 26, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Suwon Flag Flag, and on November 1, 2013, issued a summary order of KRW 5,00,000 as a fine for the same crime from the Suwon District Court members of the same district court on November 1, 2013, and on July 13, 2016, the Defendant was sentenced to a fine of KRW 5,00,000 for a violation of the Road Traffic Act (driving) at least twice.

[Criminal facts] On July 9, 2018, the Defendant driven a B-to-pur vehicle with approximately 10km alcohol concentration of about 0.162% from the 10km section to the front road of the country where Pyeongtaek-si was located in Pyeongtaek-si joint-dong, Pyeongtaek-si, Gidong-dong, Gidong-ro 62-1 Kim Han-dong, Gi-dong-dong, Gidong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (in compliance with the summary order and attachment of the judgment attached thereto) 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, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The fact that there are records of being sentenced to several fines for the same kind of crime, the fact that the drinking volume of this case is considerably high, the occurrence of traffic accidents at the time of this case, and other favorable circumstances: confession, reflectivity, and fine, the fact that there is no record of crime exceeding the fine, and the fact that the defendant does not subsequently repeat: The sentence of punishment, such as the defendant's age, family relation, and criminal history: Imprisonment with prison labor for eight months, suspension of execution, two years, order of observation of protection, and order

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