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(영문) 수원지방법원 평택지원 2018.10.12 2018고단1063

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 11, 2014, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic law at the Suwon District Court's Suwon District Court's House on July 11, 2014, and on February 5, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on February 13, 2015 and the judgment became final and conclusive on February 13, 2015.

[2] On June 15, 2018, the Defendant was under the influence of alcohol level of 0.17% during blood in around 04:18, the Defendant driven a sports vehicle B in the section of approximately 3 km from the road near Pyeongtaek-si business trip to Pyeongtaek-si high-priced paths 4.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Making teas;

1. Each photograph;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (the same kind of force)-related 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, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The fact that there are the records of suspended sentence of imprisonment, the fact that there are several times of fines due to the same kind of crime, the fact that the amount of this case drinking is highly high, and that there was a contact accident at the time of this case, and other favorable circumstances: The confession, reflectivity, and the fact that the crime is not committed subsequently: The sentence of punishment, such as the defendant's age, family relation, and criminal history: 8 months of imprisonment, the suspended sentence two years of imprisonment, the order to observe the protection, and the order for