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(영문) 수원지방법원 평택지원 2019.10.24 2019고단1017
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 22, 2006, the Defendant issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act at the Youngcheon District Court's Young-gu branch on May 2, 2006; KRW 1 million for the same crime at the Suwon District Court's Suwon District Court on October 31, 2008; and KRW 2.5 million for the same crime at the Suwon District Court on March 9, 2009; and on October 9, 2009, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime at the Suwon District Court on two or more occasions.

On July 17, 2019, at around 19:11, the Defendant driven an Eststren vehicle while under the influence of alcohol content of about 0.189% from the 1km section from the front of a restaurant near Pyeongtaek-si B to the front of Pyeongtaek-si D.

Accordingly, the defendant violated the prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (such as the same type of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant is sentenced to the penalty in that he/she again commits the instant crime even though he/she was subject to a repeated punishment of a fine and a suspended sentence due to drunk driving, etc.; (b) however, the Defendant has no past record of committing the instant crime exceeding the fine; and (c)

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