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(영문) 수원지방법원 2016.07.06 2016고단2609

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On July 5, 201, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic law (driving), and on February 9, 2012, the Defendant was sentenced to a summary order of 5 million won for a violation of road traffic law by the same court. On December 21, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law (driving) at the Suwon District Court.

[Specific facts constituting a crime] around 23:05 on May 19, 2016, the Defendant driven a b bargaining car under the influence of alcohol content of 0.11% from the front of the 55 original original station to the front intersection located in the Dong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Criminal records as stated in the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to decisions, etc. on the same kind of case as the suspect), two copies of summary orders, and one copy of the judgment;

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 for mitigation of amount (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da144

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Article 62-2 of the Criminal Act on the observation of protection;