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(영문) 수원지방법원 2016.11.30 2016고단5129
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 September 11, 2012, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on September 11, 2012, and on January 7, 2013, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving) in the same court on January 7, 2013 and was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving). Two times the previous records, one time the previous records, which were punished for a violation of the Road Traffic Act (Refusal of Drinking Measures), and one time the previous records that were punished for a violation of the Road Traffic Act

[Specific Crime] Around August 22, 2016, the Defendant driven CM5 vehicle under the influence of alcohol content of 0.141% from a place on which a large-scale fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral, Busan Gangseo-gu, Busan Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Criminal records: Criminal records and inquiry reports, investigation reports (verification of criminal records and criminal records before and after suspension of execution), and application of three copies of written judgments;

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., facts recognized as not guilty and facts that there are no previous convictions in excess of the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation under Article 62-2 of the Criminal Act;

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