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(영문) 수원지방법원 평택지원 2017.02.09 2016고단2607
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 November 15, 2007, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s site site, and KRW 1.5 million as a fine for the same crime at the same court on April 20, 2010.

Although the Defendant had twice the power of driving under the influence of alcohol as above, he again driven B observer car under the influence of alcohol concentration of approximately 0.086 percent at a section of approximately 1 kilometer from the later side of the Gyeong University to the front road of the modern mother in the same Dong, in Korea-si, Ansan-si around November 18, 2016.

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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;

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