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(영문) 수원지방법원 평택지원 2018.09.21 2018고단1004

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 August 1, 2003, the defendant was sentenced to a fine of 700,000 won as a crime of violation of road traffic law at the Suwon-gu District Court on October 15, 2007 and a fine of 500,000,000 won as a crime of the same crime from the pure Branch of the Gwangju District Court on October 15, 2007, and on September 3, 2010, a summary order of 2 million won or more as a crime of the same crime was issued by the Suwon District Court on September 3, 201.

[Criminal facts] On June 11, 2018, the Defendant driven B low alcohol while under the influence of alcohol content of about 0.108% from approximately 150 meters to the roads of the safe post office located in 12 in the direction of the city of the same city to the roads of the safe-ro 372-gil 26, the center of the city of the same city.

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, application of investigation reports (the same criminal records and confirmation of the suspect) and 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 Code of the community service order and Article 59 of the Act on the Observation, etc. of Protection: The fact that there was a record of being sentenced to several fines for the same kind of crime, the fact that the numerical value of this case drinking is considerable: Confession, reflectivity, and the fact that the defendant does not repeat again later: The defendant's age, family relation, criminal history, etc. shall be sentenced: 6 months of imprisonment, 2 years of suspended execution, and 3 years of community service order or more; and the