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(영문) 수원지방법원 평택지원 2016.01.08 2015고단1647

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 October 20, 2010, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and imprisonment with prison labor for a violation of the Road Traffic Act (dacting driving) at the Suwon Friwon on February 7, 2013, and a suspended sentence for two years for ten months.

Although the Defendant had had a power of driving under the influence of alcohol two times as above, on October 13, 2015, the Defendant driven a Btop car under the influence of alcohol level of approximately 0.199% from the 100-meter section of alcohol level to the E1 gas charging road located in 755, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1), proviso of Article 62-2(2), Article 59 of the Criminal Act, Article 62-2(1), Article 62-2(2), Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the instant case are as follows: (a) the Defendant recognized the instant facts charged and reflects his mistake; (b) the Defendant did not repeat the crime; and (c) the fact that the Defendant has been punished several times in favor of the Defendant; (d) the Defendant has the history of having been punished several times; (e) six times due to driving of the same kind of drinking alcohol; and (e) the fact that the Defendant drives the instant vehicle under the influence of the same punishment despite the foregoing, with high risk of recidivism; and (e) other records, such as the Defendant’s age, character