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(영문) 수원지방법원 평택지원 2016.07.20 2016고단877
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 May 9, 2008, 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 District Court on the grounds of the violation of the Road Traffic Act, on February 2, 2009, a summary order of KRW 1.5 million as a fine for the same crime in the same court, and on September 29, 201, a summary order of KRW 2.5 million as a fine for the same crime was issued in the same court.

On May 10, 2016, the Defendant driven a B Poter Cargo Vehicle with approximately 300 meters alcohol concentration of approximately 0.122 percent from the 300-meter section to the front road of the Western-ro 51, which was located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, Gyeonggi-do, 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 driving at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, reporting to the prosecution (the identity of the previous convictions) and application of each summary order statutes;

1. Relevant Article of the Act and 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. - It is not a crime subject to application. It is so decided as per Disposition for the reasons above.

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