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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1447
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 June 8, 2009, the Defendant issued a summary order of KRW 2 million as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court on the same day, and on March 28, 2014, the same court issued a summary order of KRW 5 million as a fine for the same crime.

Although the Defendant, as seen above, had had the power of driving under the influence of alcohol twice again, he driven Bone Star Co., Ltd in the state of alcohol alcohol concentration of about 500 meters from the front of the dispatching coal business trip site in Pyeongtaek-si and Seo-dong around July 21, 2016 to the front road of the present elementary school located in the same city-si.

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. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

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

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

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. The observation of protection and the order of community service order Article 62-2 of the Criminal Act, the reason for sentencing under Article 59 of the Act on the Protection, Observation, etc. (determination on the application of sentencing guidelines) - The primary reason for sentencing shall be determined as follows: the driving of drinking alcohol on the grounds of a fine not less than four times due to the driving of a fine and not more than one year

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