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(영문) 수원지방법원 2016.06.02 2016고단1094
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 April 17, 2009, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving in drinking), etc. on the support of the development of a water source method, and on November 9, 2010, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act (driving in drinking), and on July 17, 2013, issued a summary order of five million won for a violation of the Road Traffic Act (driving in drinking), from the water source method board.

On February 27, 2016, at around 23:30 on 27, the Defendant driven an Epic motor vehicle under the influence of alcohol concentration of about 0.062% in the 800-meter section from the front side of the Hutan-si, Yan-nam Eup/Myeon, to the front side of the office of household located in the Yan-nam Eup/Myeon located in the Yannam-nam Eup/Myeon, in the epiction of alcohol level.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order, etc. of the suspect's previous 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is against the defendant; the defendant's four times due to drinking driving; the defendant has been sentenced to a fine twice due to driving without a license; the defendant has been sentenced to a suspended sentence once due to drinking or without a license; and the defendant's age, sexual behavior, environment, etc.; and the sentencing conditions under Article 51 of the Criminal Act should be considered;

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