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(영문) 수원지방법원 평택지원 2016.07.07 2016고단734
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 27, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Suwon District Court’s Pyeongtaek District Court’s House on December 27, 2007; the Defendant was sentenced to a summary order of KRW 2 million for the same crime in the same court on August 6, 2008; and the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court on May 15, 2013.

On March 21, 2016, the Defendant driven B-be cargo vehicles under the influence of alcohol of about 200 meters with alcohol content of about 0.114% at a section of approximately 200 meters from the 854-14th Do, Pyeongtaek-dong, Pyeongtaek-dong to the front road.

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 in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of 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. Determination of the application of the O sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small quantities: Unapplicable a large number of O drinking records, and considering all circumstances, such as the fact that a person once under suspension of execution was sentenced to a suspended sentence, once again drives drinking, etc.;

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