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(영문) 수원지방법원 평택지원 2018.05.17 2018고단21
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 3, 2009, the Defendant was issued a summary order of KRW 700,000 for a fine of KRW 1.5 million for a crime of violation of road traffic law in the official housing support of the Daejeon District Court, and on October 27, 2016, a summary order of KRW 1.5 million for the same crime was issued, respectively.

[2] On January 1, 2018, the Defendant driven BM6 automobiles under the influence of alcohol leveling to about 0.107% in blood alcohol leveling from about 50 meters to about 0.107% in front of the road of Pyeongtaek-dong 846, Pyeongtaek-dong 846 to Pyeongtaek-dong 846. The Defendant driven BM6 automobiles under the influence of alcohol leveling from around 500 meters in front of the road of Pyeongtaek-dong 830.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- There is a history of punishment twice for the same crime, provided that the defendant does not cause other traffic accidents due to the driving of the drinking of this case. - there is no history of criminal punishment exceeding a fine. - The defendant is against his mistake.

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