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(영문) 수원지방법원 2016.09.07 2016고단2794
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2007, the Defendant was sentenced to a summary order of KRW 5 million by a fine of KRW 1 million by a violation of the Road Traffic Act (driving) at the Incheon District Court on July 10, 2007. On February 1, 2008, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Busan District Court on Incheon District Court on February 1, 2008, and was sentenced to imprisonment for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 24, 201.

On May 11, 2016, the Defendant, while under the influence of alcohol of 0.051% of blood alcohol concentration on May 12:10, 2016, driven BM520 automobiles at the section of approximately 3km to the roads adjacent to the Sejong SM520 meters away from the roads adjacent to the SM520 automobiles, which are located in the Sejong-gu film dong in Suwon-gu, Suwon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the state of a drinking driver, a written report on the state of a drinking driver, and a record book on the state of a drinking driver;

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (formers and confirmation reports), 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., factors such as the fact that discretionary mitigation is recognized, the fact that the degree of drinking has not been serious, the circumstances of driving, etc.);

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

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

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