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(영문) 수원지방법원 평택지원 2016.05.19 2016고단211

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 28, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on April 25, 2014, the Defendant received a summary order of KRW 4 million in the same court due to the same crime, etc.

On January 20, 2016, the Defendant driven B cruise car at approximately 200 meters in alcohol while under the influence of alcohol of about 0.149% from the Do in front of the infinite 51 adjacent to the Pyeongtaek-si Do, Pyeongtaek-si, Pyeongtaek-si, to the 51st century.

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. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. 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;