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(영문) 수원지방법원 평택지원 2016.06.01 2016고단505
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 22, 2011, the Defendant was sentenced to a summary order of KRW 1 million in the Suwon District Court’s Sejong District Court, and a summary order of KRW 3 million in the same court on May 8, 2013, respectively. On August 8, 2013, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for the same crime in the same court.

Although the Defendant was punished twice or more due to drinking driving, on April 8, 2016, the Defendant used BM520 automobiles from around 300 meters to the front side of the terminal in the same Si/Eup/Myeon located in the same Si/Myeon from the front side of the road around the terminal, while under the influence of alcohol content 0.141% at around 22:13, the Defendant was under the influence of alcohol during drinking.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the same kind of records), each summary order, and application of the text of the statutes governing the judgment;

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. Determination of sentencing guidelines under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order - It is so decided as per Disposition on the grounds that it is not a crime subject to application.

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