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(영문) 수원지방법원 평택지원 2015.08.13 2015고단786
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant received a summary order of KRW 5 million for a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. from the Suwon District Court’s Eunpyeong site on September 10, 201, and a summary order of KRW 3 million by the same court on October 18, 2012, respectively.

Although the Defendant had had a force of driving under the influence of alcohol twice as above, around April 30, 2015, at around 01:18, the Defendant driven an EFF car in the state of alcohol with approximately 200 meters alcohol concentration of 0.145% from the front day of the road located in Ansan-si B of Gyeonggi-do to the front day of Ansan-si D.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, investigation reports (Confirmation of the same attached records, and application of Acts and subordinate statutes);

1. Relevant 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to community service order: It is not subject;

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