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(영문) 수원지방법원 2016.11.04 2016고단4629
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 8, 201, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 8, 201, and on September 11, 2013, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the same court on September 201.

Although the Defendant had been punished twice or more due to drunk driving, on July 14, 2016, at around 06:23, 2016, the Defendant driven a Crane car with a blood alcohol content of about 0.051% under the influence of alcohol at about 300 meters from the section of about 300 meters, to the front road of the public health clinic distance located in the same city-dong located in the Yami-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.), two copies of the judgment, and application of the summary order four 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act (Article 55(1)3 of the same Act may apply to the defendant for the same kind of criminal offense, but appears to have recognized the defendant's mistake and reflect his depth, and considering the circumstances of the driving

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

1. Social service order under Article 62-2 of the Criminal Act;

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