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(영문) 수원지방법원 여주지원 2016.07.20 2016고단406
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 18, 2003, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the inn of the Suwon Friwon Friju, and on April 16, 2007, issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the same support on April 16, 2007. On June 26, 2013, the Defendant was sentenced to imprisonment of KRW 4 months and a suspended sentence of two years.

[2] On April 24, 2016, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.082% from a section of about 1 km to the roads of the gas station in the same city in the same city, from a mutual influent restaurant located in the lower-dong, Haju City, at around 22:00 to the roads of the gas station in the same city.

Accordingly, the Defendant violated the prohibition of drinking driving at least twice, but again, the prohibition of drinking driving was violated.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the previous history thereof);

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. Article 62-2 of the Criminal Act on the observation of protection;

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