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(영문) 수원지방법원 평택지원 2014.06.18 2013고단847

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 26, 2004, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,500,000 for a violation of the Road Traffic Act at the Suwon District Court, on December 11, 2008, a summary order of KRW 1,00,000 for the same crime from the Suwon District Court Pyeongtaek District Court’s site as the same crime, and on May 11, 2012, a summary order of KRW 4 million for the same crime was issued.

On July 3, 2013, the Defendant, while under the influence of alcohol 0.089% at blood alcohol level on July 23, 2013, driven a Bbeo car at a section of about 500 meters from the front day of Pyeongtaek-si Park-dong Park Park-dong to the front day of the five-lane route in Pyeongtaek-si-dong.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports on criminal records, etc. and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has a history of being subject to criminal punishment on several occasions (nine times a fine and two times a suspended sentence), and the fact that the defendant drives a motor vehicle without a license in the same drinking state, even though he/she has a history of being punished three times due to the same kind of drinking driving, the crime is heavy in light of the fact that the defendant drives the motor vehicle

Other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., shall be determined as per the disposition.