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(영문) 수원지방법원 평택지원 2017.08.23 2017고단1001

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

On November 27, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Suwon District Court on the grounds of a violation of the Road Traffic Act, and a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the same court on March 29, 2013, respectively.

Although the Defendant had had a power of driving alcohol twice as above, on April 27, 2017, at around 23:19, the Defendant driven B Track Motor Vehicle while under the influence of alcohol with approximately 0.081% alcohol concentration at approximately 10 kilometers from the 10-meter radius in the center of the maintenance of the Macong City Eup/Myeon, or from the 10-meter radius in the front road.

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. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions: References to inquiries and investigation reports (verification of drinking records not less than twice) and the application of 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. 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 a person has been punished several times of a fine due to drinking driving: A confession, reflectivity, and the fact that there is no record of crime exceeding a fine, and the fact that the drinking volume of this case is relatively heavy: A sentence imposed on the defendant's age, family relationship, criminal history, etc.: 6 months of imprisonment, 2 years of suspended sentence, and community service order or higher shall be determined as the disposition