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(영문) 수원지방법원 성남지원 2016.12.07 2016고단3211
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 May 3, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court for the crime of violation of the Road Traffic Act, and the summary order of KRW 500,000 from the Seoul Northern District Court on September 11, 2008 for the same crime.

On September 30, 2016, at around 23:36, the Defendant driven BM5 car with approximately 100 meters of alcohol level 0.165% while under the influence of alcohol level 0.165%.

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 situation of running a motor vehicle under the influence of alcohol;

1. A report on the state of the operation of a motor vehicle;

1. Written consent to blood collection and written consent to blood alcohol appraisal;

1. A written report from an employee of an employer;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the unfavorable circumstances, such as the fact that there was a record of fines twice due to the crime of violating the Road Traffic Act due to the crime of violating the provision of Article 62-2 of the Criminal Act due to the reasons of sentencing, the distance of the defendant's driving is relatively short, the defendant's driving distance is relatively short, the defendant has no criminal records except the above criminal records, and the defendant misleads and repents the defendant, the defendant's age, character and behavior, living environment, conditions after the crime, etc., the punishment shall be determined as per the order, comprehensively taking into account

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