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(영문) 수원지방법원 평택지원 2017.12.13 2017고단1024
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal history] On August 8, 2008, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Suwon District Court's Eunpyeong District Court's Eunpyeong District Court's site site. On June 15, 201, the Defendant was issued a summary order of 2 million won for a crime of violating the Road Traffic Act at the Suwon District Court's Eunpyeong District Court's Eunpyeong District Court's Eunpyeong District Court's site site site site. On August 21, 2012, the Defendant was sentenced to a suspended sentence of 2 years for 6 months for a crime of violating the Road Traffic Act (driving), and on December 17, 2015, the Defendant was sentenced to a suspended sentence of 1 year for 2 years for a crime of violating the Road Traffic Act (after an accident), and the said judgment becomes final and conclusive on December 25, 2015.

[2] On April 1, 2017, the Defendant driven a FMW520d car under the influence of alcohol concentration of about 0.060% from the 1km section to the front road of the original rice shed with an inner gym from the front road of the golf practice hall to the original rice shed with an inner gymian gym, which is located in Pyeongtaek-si, on April 1, 2017.

As a result, the defendant has driven a motor vehicle more than twice and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous convictions: Inquiries about criminal history, application of each investigation report (Attachment to the same type of judgment, etc. and attachment to the judgment during the period of suspension of execution);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Although for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the alcohol concentration among the blood of this case is considerably low for the reason of sentencing, the Defendant was punished four times as follows: (a) the Defendant committed the instant crime without being aware of the violation of Road Traffic Act (measures after accidents), the violation of Road Traffic Act (unlicensed driving), the violation of Road Traffic Act (unlicensed driving), the offender committed the instant crime without being aware of during the period of probation due to the crime of aiding and abetting; and (b) the Defendant was punished once as a crime of violation of Road Traffic Act (d).

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