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(영문) 수원지방법원 평택지원 2016.07.21 2016고단339

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 May 7, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on May 15, 2009, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on May 15, 2009, and the summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on May 27, 201, and violated Article 44(1) of the Road Traffic Act at least twice.

On March 9, 2016, at around 23:15, the Defendant driven B E business car in the state of alcohol with approximately 0.116% alcohol concentration in blood, from around 200 meters to the front road of the modern apartment located in the same Dong, from the road of the mutual influence of the trade name in Pyeongtaek-si dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as a report on detection, a report on the situation of the driver involved, and a response to inquiries, such as criminal history, and a report on investigation;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that a person has been sentenced to a fine of four times due to the driving of a drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that he/she has no criminal record of suspended execution or more, the fact that he/she has divided the crime, the result of drinking alcohol, driving background, occupation, age, family relationship, etc.;