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(영문) 수원지방법원 평택지원 2017.11.02 2017고단999
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On March 2, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon District Court's House on March 2, 2009, and a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the same court on September 17, 2010.

[2] On April 20, 2017, the Defendant driven a vehicle C-III cargo under the influence of alcohol with a 0.083% alcohol level in the front of apartment at the 1km section of apartment complex, while driving at around 03:32 at around 58-78 at the Kode Doroporo.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous records of judgment: Application of a reply to inquiry, such as criminal records, a criminal investigation report (Attachment of the same criminal records and judgments of the suspect), and a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- Even though there has been a history of punishment twice for the same crime, and again, the crime of drinking of this case has been committed, provided that there has been no history of criminal punishment exceeding a fine, and that the defendant is against his own mistake.

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