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(영문) 수원지방법원 2016.10.11 2016고단4844

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 October 31, 2013, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on October 31, 2013, and a fine of KRW 3 million due to the same crime in the same court on April 1, 2014.

On July 19, 2016, the Defendant driven B SP car at a section of about 1km from the front of the gold Station located in the Geumpo-dong in the Gyeonggi-si in the Gyeonggi-si to the front of the Taegi-si in the same Dong, while under the influence of alcohol of 0.127% of blood alcohol level around 21:30 on July 19, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (such as the fact that the defendant is against the defendant, the fact that the defendant has been sentenced to a fine twice due to a drunk driving, and there are no criminal records any other than that);

1. Order to attend lectures under Article 62-2 of the Criminal Act;