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(영문) 수원지방법원 2016.09.07 2016고단3664
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 17, 2012, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on April 23, 2014, a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act was issued by the Suwon District Court.

On June 15, 2016, around 23:41, the Defendant driven BM5 car in the state of alcohol alcohol 0.230% from the section of approximately 100 meters of alcohol alcohol level to the roads in front of the KT stamp located in the same Dong and Dong, from the day before the KT-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and notification of the results of drinking control;

1. Criminal records as stated: Application of criminal records, inquiry reports, and investigation reporting Acts and subordinate statutes;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

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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