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(영문) 수원지방법원 성남지원 2016.11.24 2016고단2905
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, the Defendant received a summary order of KRW 2,50,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on April 17, 2007, a summary order of KRW 700,000 from the Sungnam Branch Branch of Suwon District Court to a fine for the same crime.

On September 21, 2016, at around 22:54, the Defendant driven B-low-car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.095% from the 20m section of the main flusium in the same Dong from the front of the Gambae Hospital in Sungnam-si, Sungnam-si to the front road of the main flus hospital located in the same Dong.

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 results of crackdown and circumstantial statements;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A) and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., the suspension of execution is against the defendant, and there is no criminal record exceeding the fine, and the number of drinking in this case is relatively high);

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

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