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(영문) 수원지방법원 평택지원 2018.09.07 2018고단801

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 October 22, 2010, the Defendant was sentenced to a summary order of one million won or more for a crime of violating road traffic law at the Suwon District Court's House on February 28, 2010, and a summary order of 1.5 million won or more for the same crime at the same court on February 28, 2014, and was sentenced to a fine of 1.5 million won or more for a crime of violating road traffic law (driving under drinking).

[2] On May 12, 2018, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.126% from a portion of about 1km to the roads near the trade influoral house located in Pyeongtaek-dong Non-dong, Pyeongtaek-dong, and up to the front road of Switzerland-dong, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.126%.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, application of investigation reports (verification of force of driving the same kind of suspect drinking);

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 Code of the community service order and Article 59 of the Act on the Observation, etc. of Protection: The fact that there was a record of being sentenced to several fines for the same kind of crime, the fact that the numerical value of this case drinking is considerable: Confession, reflectivity, and the fact that the defendant does not repeat again later: The defendant's age, family relation, criminal history, etc. shall be sentenced: 6 months of imprisonment, 2 years of suspended execution, and 3 years of community service order or more; and the