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(영문) 수원지방법원 평택지원 2018.09.07 2018고단752
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

On October 25, 2002, the Defendant was issued a summary order of KRW 700,000 as a crime of violating road traffic laws (drinking driving) at the Seocheon Branch of the Daejeon District Court on August 25, 2002, and on August 16, 2004, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime by the same court on August 16, 2004, and on April 6, 201, issued a summary order of KRW 1,50,000 as a fine for the same crime from the Suwon District Court on February 20, 201, and was punished two times or more due to drinking, such as receiving a summary order of KRW 2 million from the Suwon District Court to the same crime.

Nevertheless, on May 3, 2018, the Defendant driven a D-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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. A previous conviction: A written inquiry, a written inquiry, a report of investigation (related to the same criminal suspect's power) and the application of 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 of the Criminal Act ( normal consideration in the following favor):

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 Code of the Social Service Order and Article 59 of the Act on the Observation, etc. of Protection: The fact that there is no record of punishment on several occasions due to the drinking driving crime or the crime without a license: The confession, reflectivity, and the fact that there is no record of crime exceeding the fine, the fact that the drinking volume of this case is relatively small, the fact that the drinking volume of this case is not more than a relatively small, and the fact that it is not later repeated: Sentence such as the defendant's age, family relation, and criminal history: Imprisonment with prison labor for 6 months, probation 2 years

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