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(영문) 수원지방법원 평택지원 2016.01.28 2015고단1673

도로교통법위반(음주운전)등

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 September 30, 2008, the Defendant received a fine of two million won as a crime of violating the Road Traffic Act (drinking) in the Gunsan Branch of the Jeonju District Court on September 30, 2008, a fine of three million won as a crime of violating the Road Traffic Act (drinking without a license) on February 13, 2009, and a fine of five million won as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon District Court of Daejeon District on October 19, 201.

Although the Defendant had had a power of driving under the influence of alcohol twice again, on September 13, 2015, at around 21:45, the Defendant driven a d SM525 car under the influence of alcohol without obtaining a driver’s license from the front side of the restaurant in which it is difficult to know the trade name in the Dong-gu, Gi-gu, Gi-si, Gi-si, Gi-si, Gi-si, Gi-si, for about 700 meters from the 700-meter section, from the day of the restaurant to Li-si, Li-si, in the same way.

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. A protocol concerning the examination of the police officers of the accused;

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

1. A driver's license inquiry;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;