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(영문) 수원지방법원 성남지원 2016.08.31 2016고단1549
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant had the record of receiving a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on January 10, 2008, the Defendant received a summary order of KRW 2.5 million for the same crime from the Sungnam branch support on January 10, 2008.

On June 4, 2016, the Defendant driven a B Tro XG car under the influence of alcohol with approximately 500 meters alcohol concentration 0.140% in alcohol, from the fluoral road located in the 21:27 U.S. Sinpo Eup in Gwangju-si to the same Eup 35 U.S. Donpool road.

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. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous conviction: Application of written inquiries about criminal history and other relevant Acts and subordinate statutes;

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 201Da1548, Apr. 1, 201);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. Protection and observation, orders to provide community service and to attend lectures for compliance with the law, Article 62-2 of the Criminal Act;

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