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(영문) 수원지방법원 평택지원 2016.06.01 2016고단528

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 October 21, 2010, the Defendant was sentenced to a summary order of a fine of KRW 2.5 million for a crime of violating road traffic law at the Incheon District Court on October 21, 201, and a person who was sentenced to a summary order of KRW 1 million from the Incheon District Court on December 4, 2008 to a fine of KRW 1 million for the same crime on December 4, 2008.

피고인은 2016. 1. 15. 22:30 경 혈 중 알콜 농도 0.079% 의 술에 취한 상태에서 B 스포 티지 승용차를 운전하여 평택시 포승 읍 도 곡 리에 있는 ‘ 뚱 땡이 집’ 식당 앞에서 같은 시 포승 읍에 있는 여술공원 주차장 앞까지 약 100m 구간을 운행하였다.

As a result, the Defendant was punished twice as a crime of drinking, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the result of crackdown on driving;

1. Previous conviction: Inquiry into criminal history, investigation report (Attachment of a summary order for the same type of crime), and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act and 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of sentencing guidelines under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order - It is so decided as per Disposition on the grounds that it is not a crime subject to application.