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(영문) 수원지방법원 평택지원 2015.11.30 2015고단1468
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

On March 8, 2006, the Defendant received a summary order of KRW 1,50,000,000 for a fine for a violation of the Road Traffic Act due to a violation of the Road Traffic Act (driving of Drinking) from the Suwon District Court, on October 22, 2010, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving of Drinking), and on September 5, 2014, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving of Drinking) was issued from the Suwon District Court’s Eunpyeong Housing Site to the Suwon District Court.

Although the Defendant had had had a alcohol driving twice or more, on July 27, 2015, the Defendant driven a B New XG car in the state of alcohol alcohol concentration of about 0.118% from the 2km section to the front road of the off-road office located in the same Ri, from the lux Dol, in the front of the lux Dol, on the lux Dol in Pyeongtaek-si.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the notification of the results of the drinking driving control, and the circumstantial report on drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture are considered to have committed the instant crime again even if the Defendant had been punished several times for the same kind of crime in the past, to have high blood alcohol level, under unfavorable circumstances, the Defendant committed a mistake, and to have committed a second offense, taking into account the circumstances favorable to that of the Defendant’s misunderstanding, and taking into account the Defendant’s age, character and behavior, family environment, and other circumstances shown in the records, such as the family environment, etc

It is so ordered as per Disposition for the reasons above.

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