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(영문) 수원지방법원 성남지원 2016.10.26 2016고단1950
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on September 2, 201, has the record of receiving a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act, and on February 2, 2007, with the record of receiving a summary order of KRW 5 million as a fine at the Seoul Western District Court on the same crime.

On June 22, 2016, at around 22:40, the Defendant driven a chip car under the influence of alcohol content of 0.070%, from around 123 to around 124, a new interesting apartment, which was 289, as an amendment to the Sinnam-si, Sungnam-si, 289.

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. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of criminal records, repeated statements, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation, community service order, and order to attend a compliance driving lecture under Article 62-2 of the Criminal Act may be partially considered for the reasons of sentencing under Article 62-2 of the Criminal Act, but considering the fact that there are many kinds of power in the apartment complex, the sentence as ordered shall be determined.

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