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(영문) 수원지방법원 평택지원 2016.11.02 2016고단1669

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On January 26, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch's branch on September 17, 2010, a summary order of KRW 2 million for the same crime from the Suwon District Court's branch on September 17, 2010, and a summary order of KRW 3 million for the same crime on November 23, 2012, respectively.

On August 18, 2016, at around 23:10, the Defendant driven a B UD car with a blood alcohol content of about 0.104% from the 4km section, which is located in the same time-based Do in front of the LHHarar Do, Pyeongtaek-ro 1036, from the front of the LHarar Do to the front road of the same time-based death.

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. Notification of the result of crackdown on drinking driving;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It shall be decided as ordered by the court on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act;