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(영문) 수원지방법원 평택지원 2016.02.18 2015고단1662
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2008, the Defendant was issued a summary order of a fine of four million won or more due to a violation of road traffic law at the Suwon District Court's House on January 12, 2008, and a summary order of four million won or more due to a violation of road traffic law at the same court on March 30, 209, respectively.

On September 18, 2015, the Defendant operated CM7 car under the influence of alcohol content of about 0.158% in the section of approximately 2 km from September 18, 2015 to the front day of the Cheongju rice treatment site located in the Cheongju-dong, Chungcheongnam-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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 guidelines for sentencing under Article 62(1) of the Criminal Act on the suspended sentence: Taking into account all circumstances, such as the fact that it was discovered that drinking on the day before the date when it is not applied and that drinking record in the past is 2009;

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