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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1404
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 February 7, 2006, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act, and on October 17, 2008, a summary order of KRW 1,00,000 as a fine of KRW 1,00,00 as an identical crime

Although the Defendant had been punished for driving alcohol as above two times, on July 12, 2016, he again driven a B-car under the influence of alcohol at approximately 0.138% of alcohol concentration in the direction of approximately 1 kilometer from the front day of the high-speed restaurant located in the fung-si in the fung-Eup of Gyeonggi-gu, Gyeonggi-do to the front day of the fung-si fung-150-ro.

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 reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order - The primary reason for sentencing: It is so decided as per Disposition on the grounds of the previous criminal records and the previous traffic-related crimes punishable three times or more.

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