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(영문) 수원지방법원 평택지원 2017.12.28 2017고단1602
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 December 1, 2009, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of road traffic law at the Suwon District Court on the grounds of a violation of road traffic law (driving), and on the same support on January 18, 2012, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million due to a violation of road traffic law (driving).

[2] On August 4, 2017, the Defendant driven a BS-type car while under the influence of alcohol content concentration of 0.219% in a section of approximately 2m in the Seog Tourism Special Zone parking lot located in Seog-si Special Zone, which is located in the special zone for Pyeongtaek-si tourism around 02:08.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Attachment to summary orders of the same kind as the suspect A), application of summary orders and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

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

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- Even though there has been a history of punishment for the same crime, and again, the crime of drinking driving of this case has been committed, provided that there is no record of criminal punishment exceeding the fine. - The defendant is against his mistake.

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