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(영문) 수원지방법원 평택지원 2016.05.13 2016고단418
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 October 7, 2008, the Defendant received a summary order of KRW 2,50,000 from the Seoul Northern District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on December 3, 2008.

Although the Defendant had twice the power of driving under the influence of alcohol as above, on December 19, 2015, at around 00:55, the Defendant driven a B-Scar car under the influence of alcohol with approximately 0.066% alcohol concentration from the 4km section from the road of Pyeongtaek-si in Gyeonggi-do to the road of the 3rd and upper knife of the same Si-si.

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. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A written appraisal of alcohol during blood;

1. A report on the detection of a primary driver;

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 reasoning for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend shall be determined as ordered for the following reasons: The motive and background leading to a crime, the circumstances after a crime, criminal records, the age of the accused, sexual conduct, intelligence, environment, etc.;

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