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(영문) 수원지방법원 평택지원 2017.02.09 2016고단2635
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 August 7, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of Road Traffic Act (drinking) from the Daejeon District Court’s Branch on August 7, 2008, and on November 2, 2012, a summary order of KRW 3.5 million as a fine for the same crime was issued from the Suwon District Court’s Pyeongtaek District Court’s House

On November 20, 2016, at around 13:42, the Defendant driven a B-hand car owned by himself under the influence of alcohol content of about 0.083 percent from the Do in front of the Central Apartment A to the roads in front of B from around 159-6 to the 30-meter radius along the village of Pyeongtaek-si Eup, Pyeongtaek-si.

Accordingly, the Defendant, who had driven a motor vehicle twice or more, was driving 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 the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of 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. 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. 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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