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(영문) 수원지방법원 평택지원 2018.02.01 2017고단1931

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 May 7, 2012, the Defendant issued a summary order of a fine of three million won for a crime of violating road traffic law in the support of the Daejeon District Court on May 7, 2012, and on November 6, 2013, a fine of two million won for a crime of violating road traffic law (driving) at the Chungcheong District Court on November 6, 2013, respectively, and violated Article 44(1) of the Road Traffic Act more than twice.

[2] On October 1, 2017, the Defendant driven a knife vehicle B with alcohol content of about 0.153% while under the influence of alcohol from about 1km to around the Seo-gu Seo-dong, Seo-dong, Seo-dong, Seo-gu, Seo-dong, and from around 13:42 to under the bottom of the same Si/Gun/Gu reading center.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (a brief attachment to an order) by 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. Consideration of various factors for sentencing, including the values of drinking alcohol, driving circumstance of drinking, occupation and age, etc., three times as a result of the provision of protection and observation, community service order, and order to attend education, and the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (live Vehicles)