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(영문) 수원지방법원 성남지원 2017.11.30 2016고단2953

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

[Power of crime] On August 24, 2007, the Defendant was issued a summary order of KRW 2.5 million for a violation of road traffic law (drinking driving), etc. in support of the Sungnam branch of Suwon branch, and on September 5, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving).

[2] From August 29, 2016, the Defendant driven a coo vehicle in B while under the influence of alcohol content of about 0.074% at a distance of about 8km in the middle distance of the mine support in the city of Gwangju, on a road where it is impossible to find out the significant flow of the city of Gwangju on August 29, 2016, the Defendant driven a coo vehicle in the state of under the influence of alcohol content of about 0.074%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: References to inquiries, application of investigation reports (in case of the same criminal suspect twice the same records as the criminal suspect);

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 suspension of execution (the reflection of the fact, previous offense, and the numerical value of drinking in this case);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;