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(영문) 수원지방법원 성남지원 2016.04.21 2016고단225
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

The Defendant shall correct the date of January 23, 2008 and March 9, 2012, because the date on which the indictment was written is erroneous, it shall be corrected.

There is a power of violating the prohibition of drinking under each road traffic law.

On December 21, 2015, the Defendant, who violated the prohibition of drinking driving twice, driven B rocketing car 50 meters at a distance from the front corner of the trade influent cafeteria located in the Gyeonggi-si, Gyeonggi-do, to the front intersection located in the name of the Sinpo Eup located in the same city, while under the influence of 0.143% of alcohol during the blood transfusion on December 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions, a traffic accident occurrence report, each photograph, a report on the detection of the driver at primary driving, and a circumstantial report on the driver at primary driving;

1. Each report on investigation;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about 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 suspension of execution (abstinance of errors and refusal to drive alcohol in the future);

that there is only the power of the fine, and that there is only the power of the fine

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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