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(영문) 수원지방법원 평택지원 2016.07.14 2016고단957
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to three years of the suspended sentence of October on November 28, 2014 by the Suwon District Court on November 20, 2014 for a violation of road traffic law (drinking driving), and the judgment became final and conclusive on November 28, 2014, and is currently under suspended sentence.

[2] On September 15, 2009, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Suwon District Court’s House on September 15, 2009, and was sentenced to a fine of three million won or more for the same crime in the same court on February 13, 2012, and was sentenced to a fine of three million won or more due to drinking, etc. on two or more occasions due to the same crime. On April 30, 2016, the Defendant driven a Cras vehicle while under the influence of alcohol concentration of about 3 km from the roads adjacent to the Sejong-si, Sejong-si, Sejong-dong An apartment house at the same level as that of the same level to the roads adjacent thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc. issued against the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The sentence shall be determined as per the disposition, in consideration of the fact that there exists a record of being punished three times for driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and that drinking again is inevitable in view of the same crime during the suspension of execution and the observation period for protection, and that the defendant sent the past that he was not guilty, the vehicle is sold, and the vehicle is divided;

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