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(영문) 수원지방법원 평택지원 2016.11.10 2016고단1770

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 December 28, 2007, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 28, 2007; on November 21, 2008, at the Seo-gu District Court in Daejeon District Court on the Daejeon District on November 21, 2008, to a suspended sentence of four months; and on April 24, 2013, to a fine of five million won as a crime of violation of the Road Traffic Act (driving) respectively.

Although the Defendant had been punished for drunk driving two times, on August 23, 2016, the Defendant again driven BA-purt-pured car from the front day of the Party Middle School located in the 40-ro of Pyeongtaek-si in Gyeonggi-si on August 23, 2016 to the front day of the 42-sturgary road located in the same Western Station as the 1 kilometer, while under the influence of alcohol concentration of approximately 0.130 percent from the 1 kilometer section.

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;