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(영문) 수원지방법원 성남지원 2016.09.23 2016고단2219
도로교통법위반(음주운전)
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 April 7, 2008, the defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Incheon District Court on April 7, 2008, and a summary order of 1.5 million won for a crime of violating the Road Traffic Act in the Sungnam support of the Suwon Friwon, which was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act, respectively. On September 27, 2013, the defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act in the Sungnam support of the Suwon Friwon Friwon.

Criminal facts

On June 23, 2016, at around 19:40, the Defendant driven a 3 plug while under the influence of alcohol content of approximately 0.138% from the 2km section of blood, to the water surface parking lot located in approximately 3555 in the same military year, from the 5-8-gil, Seoyangyang-gun, Seoyangyangyang-gun, the lower court, at around 19:55 on the same day.

As a result, the Defendant, who has violated the prohibition on drinking at least twice, once again driven a 3 fluor under the influence of alcohol and driving a fluor under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (the record of the crime of the same kind and the numerical value of drinking);

1. Articles 53 and 55 (1) 3 (a confessions and reflects) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1468, Apr. 1,

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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