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(영문) 수원지방법원 평택지원 2015.01.08 2014고단1536
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 30, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court on December 21, 2007, and a fine of KRW 2.5 million for the same crime at the same court on December 21, 2007, and on August 13, 2008 at the same court on August 13, 2008, the Defendant violated Article 44(1) of the Road Traffic Act, including imprisonment for six months and imprisonment for the same crime, etc. at the same court on June 4, 2009.

【Criminal Facts】

On August 19, 2014, at around 01:18, the Defendant driven a d Sp-type car from approximately 50 meters away from the 50m section before the high sp-type chilled road before the high sp-type chilled 0.260% of blood alcohol content to the road before the high sp-type chilled chilling office located in the same side.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Code has been already punished six times, and among them, the criminal records and criminal records subject to suspended sentence due to drinking and unlicensed driving, such as the criminal records in its holding, even though there were criminal records, and again, the crime of this case, which resulted in a large amount of 0.260% alcohol concentration from blood alcohol level to a large amount of accident, there is a need for the corresponding punishment.

However, the defendant's recognition of the crime, the fact that the defendant sells the vehicle and does not repeat the crime, and the defendant for whom 2 years have not passed since he/she received the crypt operation.

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