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(영문) 수원지방법원 성남지원 2016.07.20 2016고단1125

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 May 15, 2007, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of road traffic law (drinking) in support of Sungnam-gu Friwon, and on November 21, 201, the same court issued a summary order of five million won of a fine due to a violation of road traffic law (drinking) in the same court.

[2] On March 27, 2016, the Defendant driven a car at C Spanpo area from the area of about 500 meters from the beginning to the front of the external Ambassador distance in the same Gu, in a state of alcohol of 0.124% of alcohol content among blood transfusion around 17:20 on March 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of written inquiries about criminal history and other relevant Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. Protection and observation, orders to provide community service and to attend lectures for compliance with the law, Article 62-2 of the Criminal Act;