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(영문) 수원지방법원 성남지원 2016.08.03 2016고단1334

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 June 15, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Eastern District Court, and on May 26, 201, the Seoul Northern District Court issued a summary order of KRW 2.5 million for a crime of violating road traffic laws.

[Criminal facts] around 20:55 on April 11, 2016, the Defendant driven a B alti vehicle under the influence of alcohol with approximately 0.159% alcohol concentration at approximately 6km from the Gandong-dong of Gangdong-gu Seoul Metropolitan Government to the front day of the apartment for pair-dong of Taenam-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions: Investigative inquiries about criminal history and application of the Acts and subordinate statutes concerning investigation reports (the same criminal records and related Acts and subordinate statutes);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (an erroneous penation and sale of a vehicle, and the sale of the vehicle, and the sale of the vehicle would not re-driving under the influence of alcohol);

(3) such consideration as the

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

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