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(영문) 수원지방법원 안양지원 2016.07.07 2016고단675
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 10, 2012, the Defendant issued, at the Seoul Central District Court, a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and on December 26, 2008, a summary order of KRW 700,000 as a fine for the same crime from the Suwon Flag Flag method to the same crime.

On April 27, 2016, the Defendant: (a) driven B B benz car from around the scambling market near the scambling scam, which was under the influence of alcohol content of 0.115%, in a state of under the influence of alcohol during the influence of around 23:20, to the front day of the scamben long distance in the same Gu.

Accordingly, the defendant was punished for not less than twice due to drinking, and was driving again in a drinking state.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of driving at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order attached to the same type of crime history);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of weight (see, e.g., the confession of the instant crime and the fact that the Defendant has no record of punishment heavier than the fine);

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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