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(영문) 수원지방법원 안양지원 2016.10.12 2016고단1120
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 16, 2007, the Defendant received a summary order of KRW 4 million from the Suwon District Court to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving). On October 24, 2008, the Defendant received a summary order of KRW 4,50,000 from the Suwon District Court to the same crime.

【Criminal Facts】

On June 30, 2016, at around 10:55, the Defendant driven a B-wing truck over about 3 km from the front side of the “Cukcheon Commercial Co., Ltd., located in the Hoyangdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 741-5, while under the influence of alcohol by 0.161% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Act - Unfavorable circumstances: The fact that there are four previous convictions of fines due to the same kind of crime, including the previous convictions indicated in the first head of the judgment between around 2003 and 2008; the fact that there is no previous conviction exceeding fines; and other circumstances: Defendant’s age, character and conduct, occupation, health condition, details of crimes, etc.;

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