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(영문) 수원지방법원 평택지원 2016.09.01 2016고단878
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 30, 2011, the Defendant issued a summary order of KRW 2 million from the Daegu District Court on September 30, 201 to a fine of KRW 3 million for the same crime in violation of the Road Traffic Act (driving) and from the Daegu District Court Kimcheon Branch on September 30, 2013.

Although the Defendant had had had a alcohol driving twice as above, on May 11, 2016, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.091% at a section of about 500 meters from the front of the restaurant to the front of the Central Dong Office located in the Dong Office located in the same Western-dong, from the private tent middle of the city of Pyeongtaek-si on May 11, 2016.

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. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order had the record of being sentenced to three times a fine due to the drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, and the record of being punished due to refusal of drinking alcohol measurement, and the sentence of imprisonment only with prison labor is the first place for drinking alcohol driving, the details of drinking alcohol driving, and the occupation and age of all kinds of sentencing factors;

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