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(영문) 수원지방법원 평택지원 2017.01.05 2016고단2517
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 November 16, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon Franchising Method Board, and on October 20, 2014, the Defendant was sentenced to a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the same court on October 20, 2014. Although there were two times the records of driving under the influence of driving under the said influence of alcohol, the Defendant again drives a car under the influence of alcohol of KRW 140,00,000,000 on October 23, 2016, from the roads before the Gyeonggi-si-dong Construction Authority to the roads before the Sejong-dong Construction Authority.

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

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (not less than twice of drinking experience);

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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