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(영문) 수원지방법원 평택지원 2018.04.19 2018고단271

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On October 29, 2015, the Defendant was sentenced to two years and six months of imprisonment by the Seoul High Court for a violation of the Narcotics Control Act, etc., and completed the execution of the sentence at the Gyeong vocational training prison on April 12, 2017. On February 26, 2008, the Defendant issued a summary order of 1.5 million won of a fine on the ground of a violation of the Road Traffic Act (driving) at the Lwon District Court’s Pyeongtaek Housing Site, and on July 2, 2014, issued a summary order of 1.5 million won of a fine by the said court as the same crime.

[2] On January 20, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol level of about 0.282% in the 2km section from the day before the influent frequency house located in the Eup in the Eup in the front of the Cheongnam-dong cafeteria to the front of the Cheongnam-dong cafeteria cafeteria located in the same Eup/Myeon; and (b) driven a motor vehicle under the influence of alcohol level of about 0.282% in the front of the Cheongnam-dong cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, on-site photograph of an accident, and a statement in the circumstances of the driver who takes the main place;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and each investigation reporting statute;

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 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- The sentence of sentence is inevitable because not only has been punished several times due to the same crime but also has committed the crime of drinking during the period of repeated crime: Provided, That there are some points to consider the circumstances in which the defendant caused the driving of drinking of this case. - The defendant reflects his mistake.