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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1242

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 March 2, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on March 2, 2009 and a fine of KRW 2 million at the same court on July 6, 2012, respectively.

Although the Defendant had had had the same electric power as above two occasions, the Defendant driven Bone Star Corscis in the state of alcohol alcohol concentration of approximately 0.076% at the section of about 150 meters from the front of the restaurant in the Domn Dom-si Do of Ansan-si to the road adjacent to the decline in the city of the same city, at around 23:40 on June 7, 2016, when he had the same electric power to drive under the influence of alcohol.

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report by police (report on the situation of driving in the main place);

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order - The primary reason for sentencing: It is so decided as per Disposition on the grounds that the previous criminal records and the previous traffic-related crimes have been punished once or more.