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(영문) 수원지방법원 2016.10.28 2016고단4954
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 September 12, 2014, at the Suwon District Court, the Defendant issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act, and KRW 2 million for the same crime at the same court on October 16, 2014.

[Specific criminal facts] The Defendant, who had been punished twice or more due to drinking driving, was driving B X-ray cars at a distance of about 1 km from the front line of the trade influence, which is located in the 0.152% of blood alcohol concentration at the time of drinking around July 21, 2016 to the front road of the 1315 Epic-dong community service center, under the influence of alcohol at around 04:20% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Criminal records as stated: Criminal records, inquiry reports, and application of court rulings or 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including cases where it is recognized that there is no error, and that there is no past record of criminal punishment except for the previous conviction on two occasions in the judgment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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

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