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(영문) 수원지방법원 평택지원 2015.05.29 2015고단333

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 December 7, 2007, the Defendant was sentenced to a suspended sentence of 3 months for a violation of the Road Traffic Act in the Suwon District Court’s Eunpyeong site for the purpose of the violation of the Road Traffic Act. On May 7, 2010, the Defendant was sentenced to a fine of 5 million won by the same court.

On February 8, 2015, at around 23:10, the Defendant driven a DNA car with a blood alcohol concentration of about 1km from the front of the official map zone located in the Do to the front of the Ireland located in the same Ri, which was under the influence of alcohol level of about 0.056%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports, copies of each summary order, and application of the age of each criminal defendant;

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. In light of the fact that the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture five times, which has been punished for the same kind of drinking driving, led to the driving of the instant case, there is no charge for the crime. However, in light of the fact that the Defendant recognized the facts charged in the instant case, reflects his mistake, and again does not drive the instant drinking again, the Defendant has a high drinking level, and the driving of the instant vehicle is believed to have driven the instant vehicle after a considerable time of drinking, and there are other circumstances that may be taken into account in the course of drinking driving in some of the circumstances (as to the circumstances of driving made by the Defendant in light of the drinking level of this case, credibility exists in the circumstances of driving by the Defendant’s statement) and other circumstances indicated in the record, such as the Defendant’s age, character and behavior, family environment, etc.