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(영문) 수원지방법원 성남지원 2016.03.24 2016고단36
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 6, 2007, the Defendant issued, at the Seoul Northern District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), on December 6, 201, a summary order of KRW 2 million for a fine of KRW 6 million for the same crime in the Sungnam branch support of Suwon Friwon, and on May 19, 201, a summary order of KRW 8 million for the same crime was issued in the same court.

On December 11, 2015, the Defendant driven a BS-type car at a section of about 20km from around 14:30 meters away from around the restaurant in which the trade name in the BS-gun of the former Northern-gun is unknown, while under the influence of alcohol with a 0.07% alcohol concentration in the blood while under the influence of alcohol, to the rest of the west-gun of the former North Korea, the Defendant driven the BS-type car at a section of about 20km from around 14:30 meters to the rest of the west-si in the front west-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at drinking, inquiry into the results of crackdown on driving at drinking, report on the circumstances of drivers at drinking, ledger of driver's licenses for motor vehicles, and inquiry into the main office;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of each investigation report (report accompanied by a sentence of judgment);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for the crimes of violation of Road Traffic Act, between the crimes of violation of Road Traffic Act, and the crimes of violation of Road Traffic Act (non-licensed driving), and the crimes of electronic crimes);

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 so decided as per Disposition on the grounds that protection and observation, community service, and community service order are more than 62-2 (in order to prevent recidivism) of the Criminal Act;

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