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(영문) 수원지방법원 평택지원 2016.05.19 2016고단255
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 4, 2014, the Defendant was issued a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s House on July 4, 2014, and on October 1, 2015, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court, and the said judgment became final and conclusive on October 8,

[2] On December 15, 2015, the Defendant driven a Bland under the influence of alcohol content of about 0.084% at a distance of about 500 meters from the Do in front of the registration office of the Song-si and Seo-dong located in Pyeongtaek-si and Seo-dong to the front road of the Dong-dong of the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of the previous records, etc.);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination on the application of the O sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of small quantities: It shall take into account all the circumstances, such as the fact that a person drives under the influence of alcohol again during the period of suspension of execution, even though he/she was sentenced to a suspended sentence for an accident due to an illegal driving without application;

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