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(영문) 수원지방법원 평택지원 2016.09.01 2016고단1113

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 19, 2008, the Defendant was sentenced to a suspended sentence of two months in the imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, and three million won in the same court on January 20, 2012, respectively, due to a violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving two times, on June 5, 2016, at around 21:05, the Defendant driven a Bcoon-line car with a blood alcohol concentration of about 0.213% in the section of approximately 700 meters from the front day of the UN L-si L-si UN L-dong L-dong L-dong to the front day of the 104-dong-dong-ro in the same Eup. < Amended by Presidential Decree No. 20134, Jun. 5, 2016>

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;