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(영문) 수원지방법원 평택지원 2016.09.22 2016고단1236
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 13, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s House on the grounds of a violation of the Road Traffic Act. On June 14, 2013, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court.

[2] Although Defendant 1 was punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 again driven cubs in D in the section of approximately 500 meters, from the breath to the front day of the 72722 Won Industrial High School at the 500-meter deep in the breath of the breath in the breath of the breath in the breath of the breath of June 16, 2016, when he was under the influence of alcohol content 0.097% in the breath of the breath of the

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

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 suspended execution;

1. The Defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, once again driven under the influence of alcohol, regardless of the five times of the record of punishment for drinking or refusing to measure drinking, including imprisonment, since 2005, including the observation of protection and the order to provide community service and attend lectures.

Therefore, the execution is suspended only once, considering the fact that the defendant is sentenced to imprisonment, the previous three years prior to the driving of drinking, the previous nine years prior to the driving of drinking, and the treatment of drinking habits is possible.

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