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(영문) 수원지방법원 2016.12.07 2016고단6115
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 September 25, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine for the same crime from the Gyeyang Branch of the Suwon District Court on March 28, 2014 from the same crime, respectively.

On August 31, 2016, at around 22:45, the Defendant driven a vehicle B, under the influence of alcohol level of about 0.170%, at a section of about 10km from the front of the 924 Suwon Station to the shooting distance of the fire department in the Yanpo-si, Sinpo-si, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Photographs;

1. Previous convictions indicated in judgment: Criminal history records, a copy of the indictment, and the application of Acts and subordinate statutes on investigation reports (a copy of summary order);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., facts recognized as inappropriate and facts without any previous conviction in excess of the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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