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(영문) 수원지방법원 평택지원 2015.12.17 2015고단1517
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 16, 2011, the Defendant received a summary order of KRW 2,50,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million on August 10, 2012 from the Suwon District Court’s Pyeongtaek District Court’s site as a crime of violation of the Road Traffic Act.

The Defendant, as above, driven a B car under the influence of alcohol content of at least 200 meters from the front of the Military Service Office located in Pyeongtaek-si Seo-dong on October 23:28, 2015 to the front road of Pyeongtaek-si Seo-dong, and driven a B car under the influence of alcohol content of at least 0.066%.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 for sentencing under Article 62-2 of the Probation Criminal Act: Taking into account all circumstances, including the fact that there is no criminal history exceeding an O fine for which the application is made;

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