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(영문) 수원지방법원 2019.03.28 2018고단6701
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 12, 2006, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspension of the execution, and on December 1, 2010, the Defendant issued a summary order of 2 million won for a crime of violating the Road Traffic Act by the same court on December 1, 201, and on January 4, 201, the same court issued a summary order of 2 million won for a crime of violating the Road Traffic Act by a fine of 2 million won at the Suwon District Court on June 17, 2015, and was sentenced to a summary order of 8 million won for a crime of violating the Road Traffic Act at the Suwon District Court on April 26, 2016.

On November 10, 2018, at around 16:25, the Defendant driven an E rocketing car with approximately 2 km alcohol concentration of about 0.172% from the Defendant’s house located in Gwangju-si, Gyeonggi-do to the front of the convenience store D located in Gwangju-si, for the purpose of drinking around 16:25.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of a reply to criminal records, replys to investigation reports, and Acts and subordinate statutes;

1. In addition, the reason for sentencing of Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts and Article 148-2(1)1 of the Act on the Selection of Punishment for the Defendant is not only that the Defendant has already been punished nine times due to a drunk driving (two times a suspended sentence of imprisonment with prison labor) but also that the Defendant had been punished for a drunk driving in April 2016 and even three years have not passed since he was punished due to a drunk driving in April 2016, and thus, the possibility of criticism

In addition, considering the various circumstances that are the conditions for sentencing as shown in the records, such as the age, character, conduct and environment of the defendant, the sentence as ordered shall be determined.

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