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(영문) 수원지방법원 성남지원 2016.11.03 2016고단2386
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 May 30, 201, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the Sung-nam Branch of Suwon District Court on May 30, 201, a summary order of KRW 1.5 million for the same crime in the same court on May 13, 2009, and a summary order of KRW 1 million for the same crime in the same court on May 30, 2008, respectively.

On April 24, 2016, around 20:12, the Defendant driven a B rocketing car with approximately 1 km alcohol concentration of about 0.159%, from the road in front of the 3rd Dong-dong community service center in Seongbuk-gu, Sungnam-gu to the road in front of the 395-1st road in the same Gu.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

1. Image images to be cut;

1. Previous records of judgment: Application of criminal records, inquiry reports (A) 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 (including the fact that the suspension of execution is against the other person and there is no criminal record exceeding the fine);

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

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