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(영문) 수원지방법원 평택지원 2016.03.31 2015고단1968
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 December 5, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court, and on October 8, 2009, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act.

Although the Defendant had twice the power of driving under the influence of alcohol as above, on November 11, 2015, the Defendant driven a BP car under the influence of alcohol with approximately 0.087% alcohol level from around 1m to the back side of the house in front of the said set-off 2:62 from the Sejong-si L-si L-si, Gyeonggi-do around November 11, 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. A survey report on actual conditions;

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

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

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