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(영문) 수원지방법원 평택지원 2018.09.27 2018고단741
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 January 29, 2007, the Defendant was sentenced to a summary order of KRW 2 million on July 13, 2009, which was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking) at the Suwon District Court’s Pyeongtaek District Court’s House on July 13, 2009. On June 9, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months due to a violation of the Road Traffic Act (drinking) at the Liwon District Court’s House on July 29, 200.

[2] The Defendant, on March 15, 2018, driven a motor vehicle under the influence of alcohol on at least two occasions, even though he/she violated the prohibition on driving under the influence of alcohol by driving a brighting motor vehicle under the influence of alcohol from about 200 meters in the section of about 16:20 meters to the road near the apartment commercial building, which was located in the 132-rodul comprehensive movement site, to the above apartment commercial building.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Previous convictions in judgment: Investigation reports and the application of Acts and subordinate statutes as a result of inquiry about criminal history;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- Not only has the ability to be punished for the same crime, but also has committed another crime of drinking again during the suspension of execution; provided, however, the distance of drinking driving is short and does not cause any particular traffic accident. - The defendant is against his mistake.

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