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(영문) 수원지방법원 성남지원 2016.06.02 2016고단430
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On June 27, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 5 million for the same crime in the same court on November 3, 2014, respectively.

[2] On February 12, 2016, around 05:16, the Defendant driven DM7 car under the influence of alcohol concentration of approximately 0.088% from the 10-meter section to the Dominomian road located in the 46th Dominomian road located in the Dominomian road located in Sung-do, Sung-si, Sung-do, Sung-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports of each traffic accident, reports on the circumstances of driving at home, reports on the circumstances of the driver at home, reports on the detection of the driver at home, reports on the occurrence of the traffic accident, and photographs; and

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as ordered by the reason that protection and observation, community service and lecture attendance order are more than 62-2 of the Criminal Act (in order to prevent recidivism);

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