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(영문) 수원지방법원 2018.07.11 2018고단2747
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 2, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Suwon Flag Flag on September 2, 201, and on February 6, 2015, the Defendant was issued a summary order of KRW 4 million as a fine for the same crime from the Sungnam Flag Flag support on February 6, 2015, and has the record of criminal punishment twice or more due to drinking.

[2] On May 1, 2018, the Defendant driven a vehicle B, under the influence of alcohol, with approximately 100 meters alcohol concentration of about 0.092% in blood, from the front road behind viewing water sources in the Suwon-si transfer-gu, Suwon-si, Suwon-si, and around 23:55 to the front road for viewing water sources.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, report on the measurement of drinking alcohol, and notification of the results of regulating drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive and circumstances after committing the crime, etc., shall be determined as ordered in consideration of the following circumstances and other conditions of sentencing as stated in the records.

D. Unfavorable circumstances: The defendant did not know about the fact that he committed the crime of this case without being aware of the fact that he had been punished three times by a fine due to driving of drinking: The defendant shows an attitude to recognize and seriously reflect his mistake; the amount of alcohol concentration in blood is not high; and the driving distance is relatively short.

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