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(영문) 수원지방법원 평택지원 2016.09.01 2016고단805

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 25, 2008, the Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 in the official capital support of the Daejeon District Court on March 25, 2008, and was sentenced to a fine of KRW 1 million in the same court on November 24, 2008.

On March 20, 2016, at around 01:05, the Defendant driven a BH car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.180% from a section of approximately 100 meters, 172-ro 24,000 to a stable circulation of the Eup. < Amended by Act No. 11901, Mar. 20, 2016>

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, report on the assessment of alcohol and report on the detection of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of suspect-like records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order: The records of being sentenced to a fine twice due to the driving under the influence of alcohol due to the reason of sentencing under Article 62-2 of the Criminal Act, the attempts to escape by avoiding the measurement of drinking, the fact that there is no criminal record of probation or the suspension of execution or higher, the circumstances of drinking alcohol and the driving under the influence of alcohol, and