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(영문) 수원지방법원 안양지원 2016.07.21 2016고단743
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[2016 Highest 743] On October 10, 2008, the Defendant issued a summary order of KRW 700,000,000,000 as a fine for the same crime in the same court on October 17, 2008, and on April 11, 2014, in the support for the development of the methods of water sources, the Defendant issued a fine of KRW 3 million for the same crime.

On April 14, 2016, the Defendant driven Bone Star Co., Ltd. in the state of alcohol concentration of about 0.124% at the distance of about 2 km from the south-si public parking lot located in Ansan-si to the 112 way way, in the direction of “ Bollin” located in Ansan-si.

[2016 Highest 779] On April 14, 2016, the Defendant requested the Defendant to respond to the alcohol alcohol measurement at a distance prior to the Agricultural Products Quality Institute of the People's Agricultural Products in Mayang-dong, Syang-dong, Syang-gu, Syang-si, Annyang-si, and the Defendant passed the above distance to the victim D, who is the police officer belonging to the police station C, of the police station C, within the police station, while citizens hear, she is able to keep the victim's body in his/her hand, and “Cak kk or bad kb kb kb k.”

The victim openly insultingd the victim by openly booming approximately two minutes of the “Woo,” “Woo,” “Woo,” and “Woo-Woo,” which read “Woo,” and “Woo-Woo,” respectively.

Summary of Evidence

[2016 Highest 743]

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. A criminal investigation report (nine pages of evidence records);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on investigation (the previous report on confirmation of the past history thereof).

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written E;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Criminal Act for orders to provide community service and attend lectures;

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