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(영문) 수원지방법원 평택지원 2016.09.29 2016고단1516

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Suwon District Court on March 28, 200, and KRW 4 million as a fine for the same crime in the same court on June 20, 2014.

On July 14, 2016, around 05:47, the Defendant driven a BS-type car under the influence of alcohol content of about 0.091% at the 3km section from the front of the Pyeongtaek apartment site of Pyeongtaek-dong LH to the front of the “finch intersection” located in Pyeongtaek-gu Y-dong, Pyeongtaek-dong, Jin-dong, Jindo-Eup, with the alcohol content of about 0.091%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the application of sentencing criteria under Article 62 (1) of the Criminal Act: It shall not be applicable;