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(영문) 수원지방법원 평택지원 2017.11.02 2017고단1252
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 July 27, 2009, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court on July 27, 2009, and on September 10, 201, the Defendant was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on September 10, 201. On July 27, 201, the Defendant was punished on two or more occasions due to drinking, such as imprisonment for 6 months and suspension of execution.

Nevertheless, around 05:50 on May 24, 2017, the Defendant driven a Bknife vehicle under the influence of alcohol content of about 0.085% from approximately 4 kilometers from the road near Jincheon-gun, Jincheon-gun to the road in front of the Jincheon-gun, Jincheon-gun, the same Dogri 139, Jincheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of an inquiry letter, text of judgment, and summary order text, such as 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Surveillance of protection and observation, and consideration of the records of six times the punishment due to the driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, six years after the last driving of alcohol, and the drinking volume, etc.;

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