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(영문) 수원지방법원 평택지원 2018.12.21 2018고단1411

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 April 2, 2014, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act from the Suwon District Court on the grounds of a violation of the Road Traffic Act (drinking driving), and on January 18, 2016, the Defendant received a summary order of a fine of two million won for the same crime from the Daejeon District Court on the grounds of the same crime and received a summary order of two million won for the same offense on two or more occasions.

[2] On August 19, 2018, the Defendant driven a Bsch Rexn car under the influence of alcohol content of about 2 km from around the Gu building site near Pyeongtaek-dong around Pyeongtaek-si to the roads near the same city-use mobile distribution bridge to the roads near the same city-use mobile distribution bridge.

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. Each photograph;

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 Act and Article 59 of the Act on the Observation, etc. of Protection: A favorable circumstance such as the fact that there was a record of punishment of fines several times for the same kind of crime: A confession, reflectivity, and the fact that there was no record of crime exceeding the fine, the fact that the drinking volume of this case is relatively not more severe, and that the sentence of punishment such as the defendant's age, family relation, circumstance of crime, etc. is not more severe: A sentence of punishment such as punishment: imprisonment with prison labor for not less than six months, suspension of execution for two years