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(영문) 수원지방법원 평택지원 2016.03.25 2016고단61
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 January 25, 2008, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of road traffic law (drinking) at the Suwon District Court's House on January 25, 2008, and a summary order of KRW 4 million with the same court on November 19, 2010 with a fine of KRW 4 million due to a violation of road traffic law (drinking).

On January 8, 2016, the Defendant driven BM5 car under the influence of alcohol content of about 800 meters from a section of approximately 22:30 meters from the same day to the SM5 car at around 0.206% of alcohol content on the front day of the “New Marart,” located in Pyeongtaek-dong, Pyeongtaek-dong around 22:30 on the same day.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime record);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (including serious reflectivity, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act, Article 59 or more of the Act on the Protection, Observation, etc. of Community Service and Order to Attend Education;

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