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(영문) 수원지방법원 평택지원 2016.05.19 2016고단420
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

On May 23, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) from the Suwon District Court on the grounds of the violation of the Road Traffic Act, and on September 24, 2010, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking) from the Suwon District Court on the grounds of the violation of the

Although the Defendant had twice the power of driving under the influence of alcohol as above, on February 23, 2016, at around 16:30, the Defendant driven a Dexton car under the influence of alcohol content of about 0.257% from the 500-meter section of alcohol to the front road of real estate located in the same Eup/Myeon located in the southwest of Pyeongtaek-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 survey report on actual conditions;

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

1. A written appraisal of alcohol concentration in the blood;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and make decisions on the application of sentencing guidelines under Article 62-2 of the Criminal Act: Not subject to the application;

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