(영문) 수원지방법원 평택지원 2018.05.04 2018고단307

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(영문) 수원지방법원 평택지원 2018.05.04 2018고단307

도로교통법위반(음주운전)

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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] The Defendant was sentenced to a fine of KRW 2.5 million on July 18, 2008 as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag, the Defendant was sentenced to a fine of KRW 2.5 million on July 18, 2008, and was sentenced to a summary order of KRW 1 million on August 18, 2014 for the same crime and was sentenced to a fine of KRW 1 million on at least two occasions as a crime of violating the Road Traffic Act (drinking

[2] On February 28, 2018, around 14:54, the Defendant driven a C-wing truck with alcohol content of about 30km from the 30km section from the front of the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si to the lower part of the road on the Gancheon-gu, Yan-si, in a state of alcohol alcohol content of about 0.05%.

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 (report on confirmation of the same criminal suspect's records)-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: The fact that there is no record of punishment of a fine several times for the same kind of crime, such as the confession, reflectivity, and the fact that there is no record of crime exceeding the fine, and the fact that the numerical value of the principal drinking is relatively heavy: The sentence imposed on the defendant's age, family relationship, criminal background, etc.: Six months of imprisonment, two years of suspended sentence, and the reason that the order of protection observation is above the order of protection; and

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