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(영문) 수원지방법원 평택지원 2017.01.05 2016고단1860
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] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on December 8, 2008, including a summary order of a fine of two million won on the grounds of a violation of road traffic law at the Suwon District Court’s Eunpyeong District Court(s) and a person who was sentenced to imprisonment for the same crime at the same court on June 24, 2010.

[2] On May 26, 2016, the Defendant driven a B low alcohol vehicle under the influence of alcohol with approximately 0.094% alcohol concentration at approximately 10 meters in front of the “Sash LAW” located in the Eup located in the same Eup from May 26, 2016 to the road located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. References to inquiries, such as criminal history, and the application of the judgment text;

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. Observation of protection and community service order under Article 62-2 of the Criminal Act, which has a record of being punished four times including imprisonment due to driving of alcohol for the reason of sentencing, and the record of being punished due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and an unlicensed driving, six years after the last driving of alcohol, driving a short distance for mobile parking, and taking into account drinking values, etc.;

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