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(영문) 수원지방법원 평택지원 2016.10.20 2016고단1225

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On February 7, 2011, the Defendant was issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on February 7, 2011, and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the same court on March 22, 201.

【Criminal Facts】

Although the Defendant had been punished for a violation of the Road Traffic Act more than twice, on June 18, 2016, the Defendant once again driven BM3 vehicles at approximately 700 meters from the road near Pyeongtaek-dong coal station in Pyeongtaek-dong, Seo-dong, and at least 0.075 percent of alcohol concentration, while under the influence of alcohol around 01:20 on June 18, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation, the sentence of a fine of two times due to the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the records of punishment for driving without a license, the fact that a person has no previous conviction or more than a suspended sentence, the fact that the person is divided into a crime, and the circumstances of drinking alcohol and drinking driving, occupation, age and family relationship, etc. shall be taken into account;