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(영문) 수원지방법원 평택지원 2018.02.08 2017고단1949

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

[criminal history] On July 2, 2014, the Defendant was sentenced to a fine of KRW 1.5 million in the same court as a fine of KRW 2.5 million in the same crime on July 14, 2017, as a crime of violating the Road Traffic Act, at the Suwon District Court’s Eunpyeong District Court’s Eunpyeong District Court.

[2] On October 8, 2017, the Defendant driven a B-learning car under the influence of alcohol leveling 0.124% from around 02:10 to around 500 meters from the 500-meter section of alcohol level to the front road of the gas station, as it is from the roads near Pyeongtaek-dong Ga-dong GS GS Ga to the same market.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

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 record of being punished several times for the same crime, provided that the driving of the drinking of this case does not cause other traffic accidents due to the driving of the drinking of this case. - there is no record of criminal punishment exceeding a fine. - The defendant is against his own mistake.