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(영문) 수원지방법원 2016.12.15 2016고단5535
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

On October 27, 2006, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act; on April 4, 2008, a summary order of KRW 1.5 million from the Suwon District Court to a fine for the same crime; and on February 22, 2012, a summary order of KRW 5 million from the Incheon District Court to a fine for the same crime, respectively.

Although the Defendant had been punished twice or more due to drinking driving, on July 25, 2016, at around 00:05, the Defendant driven B-low-income motor vehicle under the influence of alcohol with approximately 0.091% of alcohol level 0.091% in the 3km section from the Gyeonggi-do Office, which was located in Suwon-gu, Suwon-gu, Suwon-si, to the front day of the 126th National Food and Drug Research Institute.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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 on the suspension of execution (including the fact that the defendant is against his/her gender, that there has been records of fines several times in the same previous department and that there has been no previous record of having exceeded the fine due to the same previous department);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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