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(영문) 수원지방법원 평택지원 2017.12.20 2017고단1981
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for the same crime from the Daejeon District Court's Incheon District Court's Branch on December 9, 2013, with the same offense in the case of a violation of road traffic laws (driving), respectively, at the Goyang Branch's High Court's High Court's High Court's High Court's High Court's High

On October 2, 2017, at around 21:10, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.133% from the Do in front of the Incheon Coast Guard to the skich-ro 529 gallle 20km-do gallle-ro gresponding road.

As a result, the Defendant was punished twice due to drinking, but once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry into criminal history, report on investigation (verification of the same attached records), and application of Acts and subordinate statutes of Part II of summary order;

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

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution reflects seriously the reasons for sentencing, the fact that there is no record of being punished for driving under drinking except for the previous conviction in the judgment, the fact that the blood alcohol concentration among the blood of this case is relatively high and the driving distance is considerably high, and the defendant's age, sexual behavior, family relation (the custody of two children under the age of 3 years on the part of the defendant), and other various sentencing conditions revealed by the records shall be determined as ordered by the order.

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