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(영문) 수원지방법원 여주지원 2018.08.08 2018고단526

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 27, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch of the Daegu District Court. On November 17, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) on the ground of a violation of the Road Traffic Act.

[Criminal facts] On May 20, 2018, the Defendant driven a motor vehicle with 8 km B knife Sccodo from the front day of the trade name in the south Eup located in the East-si, Embri-si, Embri-si, Embri-si, to the lower day of Embri-si, 0.01% alcohol level, while under the influence of alcohol level around 05:13 on May 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order are three times or more, and according to the defendant's statement, if the defendant had been punished for driving under the influence of alcohol, he reported that he was under the influence of driving under the influence of alcohol, and he was under the influence of driving under the influence of alcohol. As such, if the defendant was under the influence of driving under the same conditions as he was under the influence of drinking under the same conditions, if he was under the influence of driving under the same conditions as he was under the influence of drinking under the same conditions, the risk of recidivism is not small

The decision is judged.

The defendant does not have any history of being punished by a fine or heavier punishment for the same criminal record, and will stop the future drinking while reflecting the depth of the crime.

The punishment shall be determined as per the order by taking into account all other circumstances, such as the defendant's age, family relationship, etc.