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(영문) 수원지방법원 2016.07.13 2016고단2620

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and on September 30, 2013, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support of the Suwon Giwon Gi-gu District Court Kimcheon-do.

On May 6, 2016, the Defendant driven BM3 motor vehicles under the influence of alcohol content of about 0.202% from the 3km section from the 1515-day road in Yeongdeungpo-gu, Suwon-si, Suwon-si to the 1576-ro, Young-ro, 1576.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Criminal records as stated in the judgment: To apply a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order of the same kind of case as the suspect), and a summary order under two Acts and subordinate statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act to mitigate small quantities (see, e.g., Supreme Court Decision 201Da1448, May 1, 201; Supreme Court Decision 201Da1248, May 1, 2

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

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