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(영문) 수원지방법원 성남지원 2017.01.12 2016고단3475

도로교통법위반(음주운전)

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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 February 14, 2013, the Defendant received a summary order of KRW 4,00,000 as a crime of violating the soil law (drinking driving) on the road in support of Sungnam branch of Suwon branch on February 14, 201, and on January 27, 201, the Defendant received a summary order of KRW 7,00,000 from the Seoul Central District Court to the same crime.

On October 21, 2016, the Defendant: (a) was under the influence of alcohol 0.083% of alcohol while under the influence of alcohol from the 2km section of approximately 2km to the roads near the 433-ro of Han River in South-do, Gyeonggi-do; (b) on October 21, 2016, the Defendant was under the influence of alcohol 0.083%.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (i.e., reflectiveness and absence of criminal records exceeding the fine, etc.);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;