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(영문) 수원지방법원 평택지원 2016.05.12 2015고단1221

도로교통법위반(음주운전)등

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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

【The Defendant received a summary order of KRW 700,000,000 from the Daejeon District Court on August 12, 2008 to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on December 7, 201, and a summary order of KRW 3 million from the Suwon District Court on September 4, 2012 to a crime of violating the Road Traffic Act (drinking driving), respectively.

【Defendant Inasmuch as the foregoing had a history of driving under the influence of alcohol twice again, Defendant 1 driven a Cobserver car under the influence of alcohol with approximately 0.134% alcohol concentration in the blood without obtaining a driver’s license from around 30 meters from the day on which the trade name in the sports Pyeongtaek-si joint-dong around August 4, 2015, to the day on which the same route is located in the same Dong from August 4, 2015.

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. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. Determination on the application of the sentencing criteria under Article 62-2 of the Criminal Act on the observation of protection: It shall not be applicable;