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(영문) 수원지방법원 2016.12.07 2016고단6155

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 November 9, 2007, the Defendant received a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on January 28, 201, a summary order of KRW 3 million from the Sungnam Branch of Suwon District Court to the same crime was issued, respectively.

Although the Defendant had been punished twice or more due to drunk driving, on August 20, 2016, at around 21:35, the Defendant driven Bone Star Cargo under the influence of alcohol with a blood alcohol concentration of about 15 km from the 15km-ro 51 to the front road of “gold food,” from the 42-25-25 in the city of Naju on August 20, 2016, at around 21:35, the 42-25 in the city of Naju to the 21:45 in the city of Naju-dong, Yongsan-dong, Sinju to the road of “gold food.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the result of a response made to an appraisal of the concentration of blood alcohol by a suspected person A);

1. The circumstantial statement of the driver, the report on detection of the driver, and the report on blood collection;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of two copies of the summary order under 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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Jan. 1, 201; 201Do1148, Feb

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;