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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1387
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 17, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court’s site on August 17, 2007, and on July 10, 2008, the Defendant was sentenced to a suspended sentence of four months for the same crime in the same court.

Although the Defendant had had had a force of driving under the influence of alcohol two times as above, he again driven a B-hand car with approximately KRW 0.149% of alcohol concentration in blood at the section of approximately 1k from the front of the safe 1st century, which was located in the safe knife-dong, to the front of the police box in the safe knife-si, Ge-si, Annife-si, Annife-si, Ge-si, which was located in the safe knife-si, to the road before the police box in front of the police box in the knife

As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. All on-site photographs;

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 observation of protection, the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order (determination of the application of sentencing guidelines): The primary reasons for sentencing shall be determined as per the disposition on the grounds of the previous criminal records, the driving of alcohol, and the driving without a license not less than twice a fine.

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