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(영문) 수원지방법원 성남지원 2015.12.16 2015고단2462

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four 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 March 7, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on July 16, 2009, a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on July 16, 2009, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court on June 21, 2013, respectively.

On July 31, 2015, the Defendant, while under the influence of alcohol at a rate of 0.01% (0.091%) of the blood alcohol concentration starting from the front way to the front day of the bus stop near the Emar apartment complex located in the Emar-si, Hanam-si, Hanam-si to the front day of the bus stop near the Pungsan Elementary School located in the Hanam-si, Hanam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant is divided into his crime, the fact that the defendant has been punished four times due to drunk driving since 2001, and the blood alcohol concentration, etc., the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case.