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(영문) 수원지방법원 여주지원 2016.11.09 2016고단980
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 22, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million as a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on August 22, 2008, and a fine of KRW 1.5 million as a violation of the Road Traffic Act (driving) from the same support on February 3, 2015.

【Criminal Facts】

On August 6, 2016, at around 21:51, the Defendant driven a B rocketing car under the influence of alcohol with approximately 500 meters alcohol concentration of approximately 0.060% from the 500-meter section from the front road of the Hancheon-si Changdong to the snow-top hot spring located in the same Sinung-dong.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, but again, the prohibition of drinking driving was violated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act in the suspension of execution (including circumstances in which no record of punishment heavier than a fine exists);

1. Social service order under Article 62-2 of the Criminal Act;

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