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(영문) 수원지방법원 평택지원 2016.12.29 2016고단1240
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 9, 2006, the Defendant was sentenced to a summary order of KRW 4 million for the violation of the Road Traffic Act due to the violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, and on March 12, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 years for August and April 2, 201 to a fine of KRW 5 million for the same crime, etc. at the same court.

On June 24, 2016, at around 22:25, the Defendant driven C Atop car under the influence of alcohol content of about 0.091% at the 12 kilometers of blood alcohol content on the front of the instant police box, which is located in the same Sin-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong

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 convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 for sentencing under Article 62-2 of the Probation Criminal Act: Consideration of all circumstances, including the fact that the person supports the aged 90 who is not subject to the application, the fact that the person has been detained for a considerable period of time, etc.;

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