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(영문) 수원지방법원 평택지원 2018.10.18 2018고단827

도로교통법위반(음주운전)

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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

On September 22, 2015, the Defendant is a person who has been sentenced to a fine of three million won or more due to a violation of road traffic law in the Suwon District Court on September 2, 2015, and on November 11, 2016, the above court issued a summary order of a fine of six million won or more due to a violation of road traffic law (driving), and has been sentenced to a punishment of two or more times due to drinking.

Nevertheless, on May 16, 2018, at around 22:53, the Defendant driven a Chive-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

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 driving of the drinking of this case does not cause any other traffic accident. - Defendant has no record of criminal punishment other than fines on two occasions. - Defendant is against his mistake.