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(영문) 수원지방법원 성남지원 2016.12.23 2016고단3577
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

On November 27, 2013, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court, and on February 3, 2010, the Defendant was sentenced to a fine of one million won for the same crime.

On November 13, 2016, at around 23:18, the Defendant driven a Bbeer or a car under the influence of alcohol content 0.120% while under the influence of alcohol, from around about 2 km to the roads near the 10th Gung Station in the same city-based city.

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 convictions indicated in judgment: Application of criminal records, reply reports (A) and investigation reports (verification reports of criminal records) Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment (the power of the same kind of crime and the taking of alcohol);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and reflect);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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