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(영문) 수원지방법원 안양지원 2016.07.29 2016고단150
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. on July 6, 2012, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving), and on May 21, 2013, the Defendant was issued a summary order of KRW 8 million for a violation of the Road Traffic Act (drinking driving), and on the support of the development of the water source method, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) on November 7, 2013, and was sentenced to a suspension of the execution of the sentence of KRW 6 months from imprisonment for a violation of the Road Traffic Act (drinking driving), from 0:5 on February 22 and 25, 2016 to 1.7.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of driving at home (excluding the part to which the defendant agrees);

1. Previous convictions in judgment: Inquiry into criminal history, investigation report (Attachment of the previous and the previous judgments, etc.), text of judgment, application of summary order Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, is that the defendant has been punished several times due to drinking driving, and again drives drinking, so imprisonment shall be sentenced to imprisonment, but since the defendant is likely to prevent recidivism, the defendant is given an opportunity to repeat the crime at once.

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