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(영문) 수원지방법원 성남지원 2016.08.25 2016고단1672
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (drinking driving) from a water source method source on September 10, 201, and a summary order of 1.5 million won or more due to the same crime in the same court on January 22, 2010.

On June 20, 2016, around 23:25, the Defendant driven a B EX car in the state of alcohol alcohol 0.076% in blood while under the influence of alcohol, from the 121st day to the 331st day to the dlim public notice road located in 9-10, a 331-lane, according to the same old gender south.

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. Statement by the defendant in court;

1. C’s statement;

1. Reports on each traffic accident, reports on occurrence thereof, photographs, reports on the circumstances of the driving of the driver concerned, reports on the circumstances of the driver concerned, and reports on the detection of the driver concerned;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition on the grounds of protection observation and community service and order to attend lectures under Article 62-2 of the Criminal Act or more;

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