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(영문) 수원지방법원 2016.04.07 2015고단5995
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in support of the Sungnam-gu Friwon method, and on May 28, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Suwon Friwon method.

On November 30, 2015, the Defendant driven B, under the influence of alcohol leveling of about 0.089% from the front road of the gas station at the 107-8 Mandong-dong-dong-dong-dong-dong to the front road of the Mandong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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