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(영문) 수원지방법원 평택지원 2018.06.27 2018고단504
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

On December 1, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving) at the Suwon District Court on December 1, 201, and a fine of KRW 1.5 million as a crime of violating road traffic law (drinking driving) from the Pyeongtaek District Court on December 3, 2014, and was sentenced to a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving) on at least two occasions.

On March 23, 2018, at around 06:50, the Defendant driven a B-low vehicle under the influence of alcohol content of about 1km from around 980-2 to around 7:00 to about 0.068% in blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as 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 suspension of execution (the following favorable circumstances):

1. In addition, even though there was a history of two times of criminal punishment due to drinking alcohol driving on the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered is not less than that of the crime of this case, but is less than that of the crime of this case, the fact that the mistake is recognized and contradictory, the drinking value is less than 0.1%, the defendant's age, sex behavior, environment, circumstances leading to the crime, and circumstances after the crime, etc. are comprehensively considered.

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