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(영문) 수원지방법원 안양지원 2016.01.29 2015고단1774

도로교통법위반(음주운전)

Text

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

On April 9, 2010, the Defendant issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking) in the support for the development of a water source method and the source of water source, and a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking) in the same court on April 15, 2013.

On August 6, 2015, the Defendant driven a B car string in approximately one kilometer from the road in front of the Suyang-dong, Suyang-dong, Goyang-dong to the front road of the same Gu, while under the influence of alcohol content 0.209% in the light of around 23:00 on August 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;