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(영문) 수원지방법원 2016.12.15 2016고단4669

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 February 15, 2013, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4,50,000 as a fine in the same court on November 13, 2013.

On 00:18 on 29, 2016, the Defendant driven C’s vehicle under the influence of alcohol level of 0.241% from the front of a mutually influent restaurant to the front of the 290-Maroporo, Cheongsan-ro, Osan-ro, Cheongsan-ro, the Defendant driven C’s vehicle under the influence of alcohol level of 0.241%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her gender, the fact that he/she has been sentenced to a fine twice due to a drunk driving, and that he/she has no criminal record exceeding

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