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(영문) 수원지방법원 성남지원 2019.08.21 2019고단1458
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[criminal power] On August 4, 2008, the Defendant issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 3 million for the same crime at the same court on April 14, 2014.

【Criminal Facts】

On 01:05 on 01:05, the Defendant was under the influence of alcohol with 0.061% of blood alcohol concentration, and the Defendant was driving a D emult truck at approximately 2 km from the Do in front of active duty service to the roads in front of the Cridge located in B from the Do in Sungnam-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62(1) of the Criminal Act, the records, such as the records, including the defendant’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc., as well as the reason for sentencing under Article 62(1) of the Criminal Act;

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