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(영문) 수원지방법원 평택지원 2016.09.22 2016고단1067
도로교통법위반(음주운전)
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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

On December 8, 2006, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving), on May 19, 2010, to a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon branch, and on October 27, 201, by the same court on October 27, 201, to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving), respectively.

Although the Defendant had been punished for driving alcohol as above two times, he again driven D SM6 automobiles under the influence of alcohol content of about 0.172% in the 200-meter from around 19 meters to around 19, the same time from the village of Pyeongtaek-si around 01:11 on June 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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 drinking, even though he had been punished four times due to drinking alcohol, including the probation of imprisonment with prison labor.

Therefore, the execution shall be suspended only once, considering the fact that the defendant has been sentenced to imprisonment, the last five years prior to driving of drinking, and the fact that a person drives a short distance after driving by proxy.

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