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(영문) 수원지방법원 성남지원 2016.06.24 2016고단278
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2009 and February 17, 2014, the Defendant is a person who has a record of criminal punishment for violating the prohibition of drinking under the Road Traffic Act.

On December 3, 2015, the Defendant, who violated the prohibition of drinking driving regulations twice, was driving a BM7 passenger vehicle owned by the Defendant at a section of about 5 km up to the front side of the same border-ro, 54-1 and the front side, starting from the front side of a point where it is difficult to find out the alcohol concentration of 0.083% in the Gyeonggi-dong-si while under the influence of alcohol during the influence of alcohol at around 07:5 on December 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of a driver who takes driving and notification of the results of regulating drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009

1. Article 62 (1) of the Criminal Act on the suspended execution (Calculation into two occasions, such as the fact that there is no criminal history over the suspended execution or that drinking alcohol is driven on the working-day following the following day);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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