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(영문) 수원지방법원 성남지원 2016.11.18 2016고단2724
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 26, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from the Chungcheong District Court branch on September 26, 201, and on December 4, 2013, the Defendant received a summary order of KRW 3 million for the same crime from the Sungnam branch of Suwon District Court on December 4, 2013.

On August 21, 2016, at around 07:09, the Defendant driven a car in the 5km area from the French land (hereinafter referred to as the “Seoul Metropolitan City”) to the front road of the same time, from around 07:09, the Defendant driven a car in the dice area under the influence of alcohol content of 0.185% under the influence of alcohol content.

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 state of a driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Control photographs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (the case of operating a vehicle even if he/she drinks not later than 6 times the records of the same kind of crime, the drinking alcohol, and the new wall);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment)

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

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