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(영문) 수원지방법원 성남지원 2016.09.21 2016고단1636
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 16, 2002, the Defendant was sentenced to a summary order of KRW 1 million and KRW 2.5 million for the same crime at the Seoul Eastern District Court on July 8, 2004, and KRW 2.5 million for the same crime at the Seoul Central District Court on June 1, 2007. On September 27, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Seoul Central District Court on September 27, 2013.

On June 7, 2016, the Defendant driven a Fex motor vehicle under the influence of alcohol content of about 0.080% in the 5km section from around 397 km-si in Gwangju-si to the road of the same Eup located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous conviction: Application of written inquiries about criminal history and other relevant Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to provide community service, and the order to attend driving lectures, may lead to personnel accidents caused by drinking driving immediately before and after the suspension of the execution of imprisonment, and it is also possible to sentence the Defendant to commit the instant crime.

However, the degree of alcohol concentration among the blood transfusion of the instant crime is high.

In this case, the defendant's substitute driver is not 397 per annum of the year in which the defendant is located, but rather 397 (in front address and about 5 km) of the fluorian 397 (in front address and about 5 km), he will not repeat the act of this case while driving the substitute engineer on the wind, which led to the act of this case (Evidence No. 24 through 27 of the evidence record), and will not repeat the act of this case.

It is limited to this time in consideration of the fact that it is.

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