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(영문) 수원지방법원 평택지원 2016.06.09 2016고단607
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of one million won or more for a crime of violating road traffic law in the Changwon District Court's Jinju branch on November 4, 2009, and on November 25, 2013, receiving a penalty of two million won or more for the same crime from the Seowon District Court's Incheon District Court's Support.

On April 17, 2016, the Defendant driven a B food 2008 vehicle from the 1km section to the 13rd road in the same city from the Do adjacent to the apartment house to the same 13rd road under the influence of alcohol content of 0.079% during blood transfusion around 09:50.

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. Determination on the application of sentencing criteria under Article 62 (1) of the Criminal Act: It shall not be applicable;

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