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(영문) 수원지방법원 성남지원 2016.05.12 2016고단481
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

[Power of crime] On October 10, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (driving in drinking), and a summary order of KRW 3.5 million for the same crime in the same court on September 21, 2011.

[2] On March 2, 2016, around 01:18, the Defendant driven B-type cargo vehicles under the influence of alcohol content of about 0.159% from the 1km section to the road located in the same Jung-gu, Jungwon-gu, Jungwon-gu, 2.154-1, which is located in the 337-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, in terms of the mountain of Sungnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, report of the situation of the driver of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of records of drinking driving);

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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