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(영문) 수원지방법원 여주지원 2016.12.21 2016고단1226
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

[criminal power] From May 2, 2005, the defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on November 14, 2008, a fine of KRW 1 million as a violation of the Road Traffic Act (driving) from the same support on November 14, 2008, and a fine of KRW 2.5 million as a violation of the Road Traffic Act (driving on February 20, 2009) from the same support.

【Criminal Facts】

On October 10, 2016, around 23:30 on October 10, 2016, the Defendant driven Bsch Rexroth car under the influence of alcohol concentration of about 0.130% from around 500 meters to the roads of the U.S. (U.S.) in the city of E-S. to the city of E-S. (U.S.).

Accordingly, the defendant violated the prohibition of drinking driving more than twice, but again, the prohibition of drinking driving was violated.

Summary of Evidence

1. Defendant's legal statement;

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

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) 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 (Consideration of confession, reflectivity, criminal record, etc.);

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

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