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(영문) 수원지방법원 평택지원 2016.12.15 2016고단2190
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 January 13, 2010, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's Eunpyeong site, and on December 9, 201, a fine of KRW 3,50,000 was imposed for a violation of the Road Traffic Act, respectively.

Although the Defendant, as above, had twice the power of driving under the influence of alcohol, at around 13:25 on September 18, 2016, the Defendant driven a car in C Coin with a blood alcohol content of about 0.182% in a section of about 200 meters from the front of the road in Ansan-si, Gyeonggi-do, to the front road in the same Si-Gu Do-Eup Do-Eup Do-do-Eup 63 seawalk-ro, Do-do.

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. The actual condition survey report;

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 under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;

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