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(영문) 수원지방법원 안산지원 2016.09.29 2016고단2573

도로교통법위반(음주운전)등

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

1. On June 19, 2016, the Defendant assaulted the victim on the ground that the victim D (41) who was a substitute driver in the vehicle was locked in the front of C when light lighting, and the victim was able to do so on the ground that the victim d (41) who was a substitute driver in the vehicle was broken down, and the victim was able to drive the victim on the vehicle once a driver was frightd to drive the victim on the vehicle.

2. On March 12, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of two million won or more for the same crime at the Seoul Southern District Court on September 6, 201, with the exception of a violation of the Road Traffic Act (drinking driving) in the support of the Suwon Friwon Friwon Friwon, and the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

On June 19, 2016, at around 23:27, the Defendant driven a string-in car under the influence of alcohol with approximately 631 meters alcohol concentration of about 0.130% from the section of approximately 631 meters, i.e., e., from the front street to the 16th street at the same time, at the time of light lighting.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the written statements of D;

1. Application of the respective Acts and subordinate statutes in two copies of a statement on the circumstances of driving a drinking alcohol driving, notification of the results of crackdown on driving alcohol driving, investigation report (in relation to the statement of a victim), inquiry about criminal history, etc. (A), two copies of the text of the judgment, and a summary order;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of assault) on criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;