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(영문) 수원지방법원 평택지원 2017.02.16 2016고단2186
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, 2007, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the source of water source method. On March 10, 2009, the Defendant was sentenced to imprisonment with labor for the same crime in the same court.

Although the Defendant had had a power of driving under the influence of alcohol two times as above, he again driven B K7 cars in the state of under the influence of alcohol content of about 0.160% in the section of about 10 meters from the 10-meter radius from the front side of the Gando Hospital located in Pyeongtaek-si, Pyeongtaek-si at around 02:50 on September 4, 2016 to the click-gu 19 in the same city’s free will.

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. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, 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, a large number of criminal records including imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, and records of past punishment three times due to drinking driving, about eight years from the last driving before drinking, driving a short distance for movement parking, driving a short distance for movement parking, breaking off, drinking values, etc.;

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