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(영문) 수원지방법원 평택지원 2017.09.20 2017고단1349
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

On October 4, 2011, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on January 16, 2015, the Defendant was punished on two or more occasions due to drinking, such as imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Pyeongtaek District Court site on January 16, 2015.

Nevertheless, on June 25, 2017, the Defendant driven B K7 car under the influence of alcohol content of approximately 0.151% from a section of approximately 500 meters from the 427-1, Seo-si, Seo-si, Seo-si, 427-1, from the front of the Seo-gu, Seo-gu, Seo-gu to the front of the Seo-gu, Seo-gu, and 42, Seo-gu, Seo-gu, the same city from the front of the Seo-gu, Seo-gu to the front of the pharmacy.

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. Previous convictions: References to inquiries, application of investigation reports (verification of the same criminal suspect's records)-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: The suspended sentence of imprisonment for the same kind of crime, the fact that there was a history of punishment several times of fines, and the fact that the numerical value of this case drinking is considerable: The confession, reflectivity, etc., and other favorable circumstances: The sentence of punishment, such as the defendant's age, family relationship, circumstances of the crime, etc.: the sentence shall be determined as per the disposition of imprisonment for eight months, suspended sentence two years,

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