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(영문) 수원지방법원 평택지원 2015.06.19 2015고단650
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

On August 28, 2013, the Defendant was issued a summary order of KRW 700,00,000 as a fine for the violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on March 2, 2015.

Although the Defendant had had a force of driving under the influence of alcohol twice, on April 3, 2015, at around 01:00, the Defendant driven a B window-ray car under the influence of alcohol leveling 0.170%, even though the validity of the license was suspended at approximately 50 meters in the section of approximately 50 meters around the flat gate store near the Pyeongtaek-si store at the same time, at around 01:0, the Defendant was under the influence of alcohol leveling.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and report on the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Act, even though there are two times the past records of punishment for the same kind of drinking driving, driving a motor vehicle without a license in a considerable state of drinking, the criminal liability of the crime is unlimited. However, the fact that the defendant recognizes the facts charged in this case, reflects his mistake, and does not repeat again, there is no record of punishment exceeding the fine imposed on the defendant, and other records such as the defendant's age, character and behavior, family environment, etc.

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