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(영문) 수원지방법원 평택지원 2017.10.11 2017고단606
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 22, 2013, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking), and on May 31, 2016, the same court received a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking), respectively.

Although the Defendant had twice the power of driving under the influence of alcohol as above, he again driven B K7 automobiles in the state of alcohol alcohol concentration of about 0.170% from the two kilometers from the road front of the recognition distance, which is in the safe-speed-dong of 03:35 on March 10, 2017, to the road front of the 763 Gambro, according to the same time-based dancing.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

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 inquire about 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. 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 light of the reasoning for sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered, taking into account the following factors: (a) there is no criminal history other than the previous conviction; (b) the blood of this case with a significant degree of alcohol concentration among the blood of this case; and (c) the Defendant’s age, sex, family relationship, and other various sentencing conditions that may be known by the record

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