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(영문) 수원지방법원 안양지원 2016.12.28 2016고단1612
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 February 17, 201, the Defendant was sentenced to a fine of 5 million won for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license) in the Changwon District Court’s branch on February 17, 201, and was sentenced to a summary order of 2.5 million won for the same crime (driving without a license) in the same court on May 14, 2009. On December 12, 2008, the Defendant was sentenced to a summary order of 1.5 million won for the same crime and was sentenced to a summary order of 1.5 million won for the same crime from the Busan District Court’s branch branch on November 10, 2006.

【Criminal Facts】

On August 23, 2016, at around 06:00, the Defendant driven a ESF string car from the front three distance of the elementary school of 451-49, the head of the militaryposi, under the influence of alcohol of 0.07% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

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 Criminal Act – Sentencing unfavorable circumstances: The fact that a person commits a crime of the same kind by committing the same kind of crime has been punished four times as stated in the first head of the ruling, etc. - Other circumstances such as the reflection of mistake and the absence of a criminal record exceeding a fine, etc. - The defendant's age, character, conduct, occupation, and criminal records, etc.;

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