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(영문) 수원지방법원 평택지원 2018.06.22 2018고단845

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 9, 2008, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking) in the Suwon District Court's House on December 9, 2008, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law (drinking driving) from the Gangnam Branch of the Chuncheon District Court on August 11, 2014, and a fine of seven million won due to a violation of road traffic law (drinking driving) in the Yeongdeungpo Branch Branch of the Daegu District Court on November 12, 2014, and the Defendant was sentenced to a summary order of seven million won or more due to drinking.

Nevertheless, on May 4, 2018, the Defendant driven a clater vehicle under the influence of alcohol content of about 0.157% at a section of about 3km from around 23:18 to the front road of the same Eup/Myeon in the same Eup/Myeon.

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 convictions: Application of inquiry statements, investigation reports (suspects and previous convictions) 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 Act: The fact that there are records of the suspension of sentence of imprisonment for the same kind of crime, the fact that the person has been punished several times due to a fine, the fact that the numerical value of this case drinking is considerable: Confession, reflectivity, and the fact that the person has not committed any crime later: The punishment imposed on the defendant's age, family relation, details of the crime, etc.: Ten months of imprisonment, two years of the suspension of sentence, and the reason that the order of protection observation was higher