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(영문) 수원지방법원 평택지원 2016.11.30 2016고단2082

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 February 4, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on February 4, 2010, and a summary order of KRW 3 million as a fine in the same court on July 4, 2014.

On September 24, 2016, at around 21:32, the Defendant driven a Brop vehicle while under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.121 percent from the section of approximately 300 meters from the Do in front of the Seo-ro 51, Seo-ro, Seo-si, to the front road of the 42ndropian pharmacy.

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. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

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;