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(영문) 수원지방법원 평택지원 2016.09.21 2016고단1294
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 May 11, 2007, the Defendant received a summary order of KRW 4 million from the Suwon Friwon to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving), and on August 6, 2010, the Defendant received a summary order of KRW 2 million from a fine of KRW 2 million due to a violation of the Road Traffic Act (driving).

Although the Defendant had twice the power of driving under the influence of alcohol as above, on June 13, 2016, at around 23:50, the Defendant driven BM5 car under the influence of alcohol with approximately KRW 0.147% alcohol concentration from the 7km section to the front road of the 1151 CU convenience store in Pyeongtaek-si located in Gyeonggi-do from the road located in the jurisdiction of the housing site area located in the Gyeonggi-do, Seosung-si, Seopo-si, Gyeonggi-do.

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. A report on the actual condition of traffic accidents and a report on the occurrence thereof;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Each photograph;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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. It is so decided as per Disposition on the grounds of the observation of protection and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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