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(영문) 수원지방법원 평택지원 2016.12.29 2016고단1785

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 January 9, 2008, the Defendant was sentenced to a summary order of KRW 5 million for the crime of violation of the Road Traffic Act at the Seoul Southern District Court on January 9, 2008, and on April 30, 2010, the Defendant was sentenced to a suspended sentence of one year for six months for the same crime.

On August 21, 2016, at around 21:43, the Defendant driven Bchier car in the state of alcohol with approximately one kilometer of blood alcohol concentration of about 0.135 percent from the Do in front of the ancient valley, which is located in the Gocheon-dong, to the front road of the Dongcheon-dong, Dongcheon-dong, Dongcheon-do.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;