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(영문) 수원지방법원 성남지원 2016.06.15 2016고단844
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 26, 201, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) at the Sungnam branch support on April 26, 201. On August 29, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), and on April 4, 2008, the Defendant was issued a summary order of KRW 700,000 for a violation of the Road Traffic Act (drinking driving) at the Suwon branch support center.

[2] On March 12, 2016, the Defendant driven B car with alcohol content 0.139% at a section of approximately 100 meters from around the four restaurant to the front of the Panel of the same Eup. The Defendant driven B car with alcohol content 0.139% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. A written appraisal of alcohol during blood;

1. Previous convictions: Investigative inquiries about criminal history and application of the Acts and subordinate statutes concerning investigation reports (the same criminal records and related Acts and subordinate statutes);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 Suspension of Execution (In full view of the numerical value of drinking, distance of driving, and motive, background, means and result of the instant crime, circumstances before and after the instant crime, age, sexual behavior, environment and other various conditions of sentencing as shown in pleadings);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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