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(영문) 수원지방법원 2016.04.28 2016고단594

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

On October 25, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Gunsan Branch of the Jeonju District Court on October 25, 2010, and on November 22, 2013, issued a summary order of KRW 4 million for the same crime.

On February 11, 2016, the Defendant, while under the influence of alcohol level of 0.119% during blood transfusion around 23:00, driven a motor vehicle from the Suwon-si in Young-si to the same Gu-dong Won-gu in the same Gu-dong Won-do, with approximately KRW 400 meters long from the shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation report) and statutes;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant is against the defendant; (b) the driving of drinking alcohol is punished twice by a fine; and (c) the fact that the defendant has caused a traffic accident in drinking condition (any agreement with the victim was reached with respect to physical damage); and (d) the age, sexual behavior, environment, etc. of the defendant;