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(영문) 수원지방법원 2018.04.11 2018고단394
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2007, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Suwon Friwon method on October 26, 2012, respectively.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice again, driven B K5 vehicles under the influence of alcohol with approximately 0.17% alcohol concentration from the 4km section of approximately 758 km to the front road of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, 1132-4 pacton-on January 5, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: References to inquiries, application of investigative reports (Attachment of judgment on driving alcohol), and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53, Article 55(1)3, and Article 50 of the Criminal Act (The following favorable circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2(1) of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances, including the defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) six months of imprisonment or more; and (b) one year and six months of imprisonment (decision of sentence]; and (c) other conditions of sentencing indicated in the records.

D. Unfavorable circumstances: The defendant did not know about the fact that he had been punished for a fine of three times due to drinking driving, but committed the crime of this case, and committed the crime on the road under the influence of alcohol, and the circumstances favorable to the point that he was discovered to sleep: The defendant's mistake is recognized and seriously reflected, and there is no minor provision that he was punished by a suspended sentence or heavier for the same crime.

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