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(영문) 수원지방법원 평택지원 2016.10.13 2016고단1165
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 20, 2010, the Defendant received a summary order of KRW 1,80,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on January 8, 2014, respectively.

Although the Defendant had had had a alcohol driving twice as above, on April 29, 2016, the Defendant, from around 19:00 on the roads of Pyeongtaek-dong of Gyeonggi-do to the roads of the same city, driven a Bone Star-si under the influence of alcohol content of about 500 to the front road of the 16 Central Residents' Center, with approximately 0.176 percent alcohol content.

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. A written appraisal of blood alcohol;

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 under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;

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