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(영문) 수원지방법원 여주지원 2018.11.14 2018고단889

도로교통법위반(음주운전)

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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

On December 27, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the credit support by the Sugwon method, and on March 12, 2014, the Defendant issued a summary order of KRW 4,00,000 for a violation of the Road Traffic Act (drinking driving) on the ground of the violation of the Road Traffic Act on March 12, 2014. However, on September 8, 2018, the Defendant driving a cargo vehicle at approximately 1k in the section B of Gyeonggi-gun under the influence of alcohol concentration of KRW 0.137% during blood alcohol level at around 20:34, while under the influence of alcohol level of KRW 0.137% during the influence of alcohol level at the end of the Gyeonggi-gun-gun in the middle end of the Gyeonggi-si to the intersection at the end of the intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Details of inquiries about management of reports on detection of primary actions;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is highly likely to repeat a crime by driving a vehicle again under the influence of alcohol, despite the fact that the Defendant had been punished for driving a vehicle under the influence of alcohol four times.

At the time of drinking driving, traffic accidents have been caused, and the level of alcohol concentration among the measured blood is considerably high.

The defendant is going against the crime and will not repeat the crime in the future.

There are many things.

There is no past record of punishment exceeding a fine.

The order and punishment shall be determined by taking into consideration all the circumstances, such as the age, sex, environment, etc. of the defendant.