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(영문) 수원지방법원 안양지원 2016.10.25 2016고단1301
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 19, 2009, the Defendant issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 3.5 million by the same court on April 29, 2010.

【Criminal Facts】

On July 26, 2016, at around 13:08, the Defendant driven a 200m halog car from the front of the household distance in the Sinpo-si in the Sinpo-si to the front of the gold basin in the same Dong while under the influence of alcohol leveling to 0.060% of blood alcohol level.

As a result, the defendant was a person who has driven a drinking twice or more, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Application of three copies of criminal records, investigation reports (former records and confirmation), and summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Order to Provide community service and attend lectures - The defendant's mistake is recognized, and blood alcohol concentration is relatively low - Unfavorable circumstances: The defendant has the record of having been punished for the same crime as the record of the crime in

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