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(영문) 수원지방법원 2016.12.15 2016고단5799

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 December 3, 2009, the Defendant received a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act, etc. at the Seosan Branch of the Daejeon District Court, and on March 21, 2008, issued a summary order of 1 million won or more as a fine at the Suwon District Court for the same crime.

On August 19, 2016, the Defendant was a person who has been punished twice or more due to drinking driving, and was driving a Grand Car in the Bland from about 2 km to about 22-1:0 meters from the 853-8-1st day of the Sinsan-si in the state of drinking alcohol concentration of 0.108%.

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2009Do1348, Apr. 2, 2009);

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