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(영문) 수원지방법원 평택지원 2017.05.24 2017고단479
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 September 7, 2012, the Defendant: (a) was sentenced to a fine of KRW 4 million for a violation of road traffic law at the Suwon District Court’s horizontal site site; (b) a person who was sentenced to a fine of KRW 3.5 million by the same court on February 6, 2013; and (c) violated Article 44(1) of the Road Traffic Act twice.

[2] On March 12, 2017, the Defendant, while under the influence of alcohol at around 00:25, driven a B-learning car at approximately 5 km away from the Do near Pyeongtaek-dong Do in Pyeongtaek-si Do to the front road of the Dong-dong Do-dong Do-dong Do-dong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (the application of the above dmark);

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (verification of the same kind of force), 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 fact that there exists a history of punishment of a fine several times for the same kind of crime, the fact that the numerical value of this case is relatively high: Confession, reflectivity, and the fact that there is no record of crime exceeding the fine, and that there is no further re-offending, etc., other favorable circumstances: The sentence imposed on the defendant, such as his age, family relationship, and criminal history: Six months of imprisonment, suspension of execution of two years, and protection observation order, shall be determined as per the disposition; and

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