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(영문) 수원지방법원 평택지원 2017.11.09 2017고단1238
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 5, 2007, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Suwon District Court’s Suwon District Court’s site, and on October 25, 2013, the Defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and on April 2, 2014, the Defendant was issued a summary order of KRW 5 million at the same court as the same crime.

Nevertheless, on May 11, 2017, the Defendant driven B in the state of alcohol alcohol concentration of 0.161% from the front side of the wind apartment to the second-class parking lot underground, as Dong-dong, 4081, as Dong-dong, Gyeonggi-si, Gyeonggi-do, Gyeonggi-do on May 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of traffic accidents and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, investigation report (related to the same kind of force of the suspect), and summary order-related Acts and subordinate statutes;

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. 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 full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- Even though there has been a history of punishment for driving under drinking more than one time, and again, the crime of driving under drinking of this case has been committed, provided that there is no history of criminal punishment exceeding a fine. - The defendant is against his own mistake.

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