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(영문) 수원지방법원 평택지원 2014.04.16 2014고단128

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 17, 200, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court on November 17, 2000, and on March 23, 2007, the same court was sentenced to imprisonment for four months or one year of suspended execution for a violation of the Road Traffic Act.

4. 26. The same court has been issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act.

At around 11:20 on December 1, 2013, the Defendant driven a motor vehicle for the Eststststun-Pacific Business from the front parking lot of Pyeongtaek-si 102 to the front parking lot of D apartment 102 in the same city from Pyeongtaek-si 102.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The actual survey report on traffic accidents;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of judgment attached)-related Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order include three times the criminal liability in light of the fact that the defendant drives a motor vehicle in the state of considerable drinking driving, the defendant leads to the confession of the defendant, and the defendant does not drive a motor vehicle again. Since April 2007, the defendant has no record of punishment due to drinking driving, and other circumstances shown in the records are considered such as the defendant's age, character and behavior, family environment, etc.