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(영문) 수원지방법원 평택지원 2018.08.10 2018고단644
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 record] The defendant stated a summary order of KRW 1 million in the indictment for the crime of violating the Road Traffic Act at the Suwon Franchising method on April 19, 2002, which is a summary order of KRW 2 million in the indictment. However, according to the evidence records of this case, it is obvious that this is a clerical error, and this part in this case where the defendant confessions, which is not related to the defendant's right to defense, is corrected ex officio; thus, this part is corrected ex officio.

On September 27, 2002, the same court issued a summary order of 1.5 million won or more for the same crime; on December 5, 2003, the same court issued a summary order of 2 million won or more for the same crime; on September 1, 2006, the summary order of 4 million won or more for the same crime in the Seosan Branch of the Daejeon District Court on September 1, 2006; on October 23, 2015, the summary order of 4.5 million won or more for the same crime was issued to the Suwon District Court on September 23, 2015.

[Criminal facts] On March 24, 2018, the Defendant driven B low alcohol while under the influence of alcohol with approximately 0.140% alcohol concentration from approximately 2km section from the front road of the main apartment complex in the Eup-Myeon to the front road of the 736 tin-ri lux in the Eup-Myeon from March 24, 2018.

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: Application of inquiry statements, investigation reports (the previous convictions and confirmations of the same type) and 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 suspension of the execution of imprisonment, the fact that there has been any history of being sentenced to the punishment due to the crime of drinking alcohol driving or the crime of non-licensed driving, and the numerical value of this drinking is significant.

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