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(영문) 수원지방법원 안양지원 2015.05.29 2014고단1504

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

The facts charged are stated to the effect that the defendant was sentenced to a summary order to be sentenced to a fine for a violation of the Road Traffic Act on December 7, 2007, December 12, 2008, and January 14, 201. However, Article 148-2 (1) 1 of the Road Traffic Act punish those who violate the provisions of Article 44 (1) of the same Act not less than twice (persons driving a motor vehicle, etc. not less than twice under the influence of alcohol) and again punish those who drive a motor vehicle under the influence of alcohol. Thus, it is clear that the defendant specified the date and time of driving a motor vehicle not less than twice under the influence of alcohol in the past and recognized the facts charged as such does not pose any substantial disadvantage to the defendant's exercise of his/her right to defense. Thus, even if the facts charged are recognized, the facts charged as above are organized without any changes in the indictment.

On October 24, 2007, October 17, 2008, and August 11, 2010, the Defendant: (a) driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice; (b) from around 15:35 on August 17, 2014, the Defendant driven approximately 20 meters of the math freight vehicle while under the influence of alcohol concentration of 0.143% on the road in front of the Hanyang-si Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak Stak, as at the same time, from around the office where the trade name in the direction of scattering is unknown during the Ansan-si on August 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of each summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (with prison labor, considering the fact that a person drives a motor vehicle again, even though he/she had a record of being sentenced four times or a fine due to the driving of a motor vehicle, has a high blood alcohol concentration, and that a person has failed to appear after escape while in trial);

1. Suspension of execution does not have any record of punishment of imprisonment without prison labor or heavier punishment under Article 62 (1) of the Criminal Act, and detection of last drunk driving;