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(영문) 수원지방법원 평택지원 2017.11.03 2017고단1644

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

[criminal history] On July 1, 2004, the Defendant was sentenced to a fine of KRW 700,000,000,000 as a crime of violation of road traffic law at the Suwon District Court on July 1, 2004, fine of KRW 700,000,000,000 as a fine of KRW 2 million as an identical crime from the Suwon District Court's Branch of the Daejeon District Court on July 18, 2005, fine of KRW 2,00,000,000 as a fine for the same crime from the Suwon District Court's Branch of the Suwon District Court on October 21, 2005, and 2 years of suspended sentence for six months on October 106, 200, and a fine of KRW 3,00,000,000,000 as a fine for violation of road traffic law from the Suwon Branch of the Suwon District Court.

[Criminal facts] On August 6, 2017, the Defendant driven BY 22:43, while under the influence of alcohol at approximately 500 meters from the 50m section of alcohol during blood to the 2675 front road as from the west-dong in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous records: Application of inquiry, inquiry, report on investigation (the same criminal records and attachment of the suspect's judgment) and 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 there is a history of a suspension of the execution of imprisonment and a fine imposed on several occasions for the same kind of crime: A confession, reflectivity, and the amount of fine under the influence of drinking is relatively heavy; and there is no record of criminal punishment from the punishment of a fine on April 29, 2009 to the case of a violation of the Traffic Act on the grounds that there is no record of punishment from the punishment of a fine to the case of a violation of the Act on the Management of Traffic: The sentence imposed on the defendant's age, family relationship, and criminal history: