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(영문) 수원지방법원 평택지원 2016.04.28 2016고단92
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On June 15, 2012, the Defendant was issued a summary order of KRW 1,500,000 for a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Suwon District Court’s House as well as a summary order of KRW 2 million for the same crime at the Gwangju District Court on May 19, 2014, respectively.

[2] Although the Defendant had the above power, he driven a B-port car under the influence of alcohol content of about 0.085% in a section of about 4km from the front day of the apartment house to the front day of the refund farm located in the city of Ansan-si in the Eup of the city of Ansan-si from the front day of the apartment house on December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The fact that there is no criminal record other than the fine for two times due to drinking, the fact that there is a family member to support the crime, and the fact that there is a family member to support the crime);

1. The community service order under Article 62-2 of the Criminal Act;

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