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(영문) 수원지방법원 2016.11.30 2016고단5977

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 6, 2014, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and on October 8, 2014, the same court received a summary order of KRW 4 million as a fine for the same crime.

On September 23, 2016, at around 23:40, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 2 km alcohol content of about 0.110% from the section of approximately 2km to the front road of the right line middle school located in the Sejong-dong in the same city area from the front of the right line that is located in the Sejong-si, Suwon-si, 95-1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notice of the results of the drinking driving control and a measuring record;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (attached to the summary order of the same kind of suspect case), and application of two copies of the summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do1114

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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