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(영문) 수원지방법원 평택지원 2018.09.07 2018고단764

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 April 18, 2014, the Defendant is a person who has been sentenced to a summary order of one million won or more due to a violation of road traffic law (drinking) in the Suwon District Court's House on April 18, 201, and on July 2, 2014, the above court issued a summary order of 1.5 million won or more due to the same crime and has been punished twice or more due to drinking.

Nevertheless, on April 16, 2018, at around 02:45, the Defendant driven a Bppon vehicle in the state of alcohol of about 0.121% of alcohol content in the 40-meter section from the front road of the Dong Rock located in Bupyeong-gu Incheon Metropolitan City to the front road of the brick gate located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. An explanatory note;

1. Previous convictions in judgment: the application of the defendant's legal statement and inquiry letter to the 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 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, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The fact that there is a history of punishment of several fines for the same kind of crime, the fact that the drinking volume of this case is considerable: The fact that there is no record of crime exceeding the fine due to confession, reflectivity, the same kind of crime, and that there is no record of crime that should not be re-offending later: The sentence such as the defendant's age, family relation, criminal history, etc.: Imprisonment with prison labor for 6 months, probation 2 years, probation order, protection observation order, and community service order or more.