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(영문) 수원지방법원 평택지원 2015.08.20 2015고단846

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On September 24, 2010, the Defendant received a summary order of KRW 1 million from the Suwon District Court as a crime of violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million from the Suwon District Court on February 8, 2012 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant, as above, had had a history of driving under the influence of alcohol twice again, around 23:10 on May 3, 2015, the Defendant driven a B rocketing car under the influence of alcohol content 0.208% in the direction of 100 meters from the 100-meter radius to the new park located in the same Ri, from the front of the Kim Jong-gu, Seocheon-gu, Gyeonggi-do, Cheongcheon-gu, Cheongcheon-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. A report on detection of a host driver and a circumstantial statement;

1. The actual condition survey report;

1. Previous convictions: Application of criminal records and Acts and subordinate statutes;

1. Relevant 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 for discretionary mitigation;

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;