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(영문) 수원지방법원 2016.07.14 2016고단1312
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 July 3, 2013, the Defendant was sentenced to a fine of five million won for the crime of violating the Road Traffic Act (drinking driving) at the source of water source method, and a fine of two million won for the same crime at the same court on February 13, 2009.

On January 27, 2015, the Defendant driven a B New EF small or other car owned by the Defendant at approximately 4 km from the front of the “sea-rier,” in front of the “sea-rier,” located in the location of the wife population, in the state of drinking at 0.146% alcohol during blood, even though he/she had a alcohol driving force on at least two occasions, up to the day before the apartment apartment is located in the corner of the wife population at the permissible time.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the criminal defendant is against his/her will and that he/she has no criminal record exceeding the fine for the same kind of criminal record);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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