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(영문) 수원지방법원 평택지원 2015.02.12 2014고단1746

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 31, 2008, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site, and on March 21, 2012, the Defendant was sentenced to imprisonment for two years with prison labor for the same crime, etc. at the same court on March 29, 2012, and is currently under suspension of execution after the said judgment became final and conclusive on March 29, 2012. On September 12, 2014, the Defendant driven a dra vehicle at the section of approximately 1km from the distance of e-un apartment at the Pyeongtaek-si Sin-si road under the influence of alcohol with a 0.106% alcohol content at a level of under the influence of alcohol on the 0.106% alcohol level on the roads of Pyeongtaek-si to Pyeongtaek-si 125 days.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that there is no room for prior action in that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act, which includes the same crime, has reached the crime of this case in spite of the fact that the defendant had reached the current probation period due to the criminal records including the same crime, but at that time, when the sentence of the above probation was sentenced, the name of the crime, which was most considered when the sentence of the probation was sentenced, appears to have been committed with lethal weapons and causing injury to a third party. At this point, if the sentence of the defendant was sentenced to a punishment for the defendant at this point, it is not harsh for the defendant, such as that the suspended sentence should be invalidated and the suspended sentence should be imposed, and that the defendant would not repeat the same crime. In addition, the defendant's age, character and conduct