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(영문) 수원지방법원 성남지원 2016.06.14 2016고단734
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2011, the Defendant was issued a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act in support of Sungnam-gu Office of Friwon on December 5, 201, and on March 22, 2013, the Defendant violated Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of a fine of 5 million won for the same crime from the Seoul East East District Court.

On March 24, 2016, around 20:58, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.116% while under the influence of alcohol with approximately 1km from the street in front of the city library located in the city library located in the Gyeonggi-do Special Metropolitan City to the same city to the 46-1st day of the same city culture.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the overall condition of a driver placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry about criminal history, reporting on investigation (verification of criminal history), and application of Acts and subordinate statutes of each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence like the order shall be determined.

In contrast, it is against the law. It is difficult to prevent re-offending by a fine that is imposed three times by a fine in the same kind of crime, such as the driving of drinking at once, etc.

is determined.

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