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(영문) 수원지방법원 성남지원 2016.09.05 2016고단1077
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

On March 21, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million for a violation of the Road Traffic Act in the Busan District Court’s Branch Branch on March 21, 2013, and a summary order of KRW 2 million with a fine of KRW 5 million with the same crime from the Seoul Western District Court on October 5, 2009.

On March 26, 2016, at around 23:15, the Defendant driven B car under the influence of alcohol content of 0.10%, from the road near Embart, which is located in the Sungnam-si Seoul Metropolitan City, to the road in front of the same flus hospital.

Ultimately, 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, order to provide community service, and order to attend a compliance lecture under Article 62-2 of the Criminal Act;

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