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(영문) 수원지방법원 평택지원 2018.05.04 2017고단2433

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 September 24, 2002, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving), and was issued by the Seoul Central District Court on December 27, 2004 a summary order of KRW 1,50,000 as a fine for the same crime. On June 26, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime from the Suwon District Court on June 26, 2009. On October 12, 2011, the Defendant was punished twice or more due to drinking, such as receiving a summary order of KRW 2,00,000 from the Suwon District Court as a fine for the same crime.

Nevertheless, on December 2, 2017, the Defendant driven a B Poter 2 while under the influence of alcohol content of about 0.104% from around 03:50 to around the same time from the front road of Pyeongtaek-si Do-dong, Epiz Park to the front road of the Dong-dong Epiz Park.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: References to inquiries, application of investigation reports (related to the same kind of force of the suspect) and 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 and Article 59 of the Act on the Observation, etc. of Protection: The favorable circumstances, such as the fact that there is no record of punishment of a fine twice for the same kind of crime: The confession, reflectivity, and the fact that there is no record of crime exceeding the fine, and the fact that there is no record of criminal punishment from the date of punishment of a fine after being sentenced to a crime of violating the Traffic Act on October 12, 2011, such as the record of crime: The defendant's age, family relation, criminal history, etc.: Imprisonment with prison labor for 6 months, probation 2 years, and community service order or more. It is so decided as per Disposition.