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(영문) 수원지방법원 안양지원 2016.12.23 2016고단1791

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

[criminal power] On May 20, 2010, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on November 8, 2012.

【Criminal Facts】

On September 16, 2016, at around 21:35, the Defendant driven B Mtz vehicle from the street room in front of the king-si village located in the king-dong, Samsi-si, the Defendant driven B Mtz vehicle from the street room in front of the king-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same summary order) and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The fact that there was a history of being punished twice due to drunk driving, and that the blood alcohol concentration level is not lower. - The reasonable circumstances: The defendant does not have a criminal record, i.e., reflector or imprisonment without labor or heavier, while recognizing the crime;