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(영문) 수원지방법원 성남지원 2016.11.04 2016고단2773
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on September 4, 2009 to the same crime, respectively.

At around 14:15 on August 28, 2016, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.081% while under the influence of alcohol with 0.081%, from the 551-4-on the chip of Gyeonggi-si to the chilling road in the Gyeonggi-si, the GM5 vehicle.

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. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. A traffic accident report (1) (2);

1. Photographss (on the front and rear sides) of each accident scene, and drinking photographs;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, and reporting 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 imprisonment with prison labor (the power to commit the same kind of crime, and the occurrence of a traffic accident);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (a crime following the following day after voluntary confession, reflectivity, and previous drinking);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment)

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

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