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(영문) 수원지방법원 평택지원 2016.12.13 2016고단157
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On January 20, 2014, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act, etc. at the Jeonju District Court’s Gunsan Branch, and on December 17, 2015, a summary order of KRW 4 million with a fine of KRW 1 million for a violation of the Road Traffic Act was issued by the Suwon District Court’s horizontal Housing Site Board.

【Criminal Facts】

Although the Defendant had had a alcohol driving twice as above, on December 28, 2015, the Defendant driven a B Sti-type car from the front side of the viewing road located in the Sinung-dong in the Sinung-si, the wife population of which is 0.129% under the influence of alcohol at around 23:28, Dec. 28, 2015 to the Sinung-gu, the Defendant driven a car at approximately 8km from the front side of the viewing road located in the Sinung-gu, the wife population of which is permissible.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of a driving under the influence of alcohol and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the investigation report (same-class power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Consideration of the fact that the sentencing of punishment under Articles 53 and 55(1)3 of the Criminal Act was sentenced three times due to driving under influence of alcohol for the reason of sentencing, the fact that the court was returned to the telephone and did not attend the court, and the circumstances of drinking and drinking, etc.

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