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(영문) 수원지방법원 성남지원 2015.08.18 2015고단743
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 18, 2015, at around 23:45, the Defendant driven C rocketing car with approximately 2 km alcohol concentration of about 0.237% from the front of the convenience store corresponding to the Seocho-gu Seoul metropolitan city, Gwangju to the front of the convenience store in the front of the Seocho-gu, Seoul metropolitan city, to the front of the Eup white-ro tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to notify results of drinking control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Two years of probation and community service order for the reason of sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for eight months (two years of imprisonment with prison labor for the punishment of a defendant when considering the figures of the defendant's drinking, criminal experience, etc., but the defendant is against the defendant, and the defendant shows his/her intention of active improvement, such as hospitalization in a mental department for treatment of alcohol addiction, and other circumstances, including the defendant's age, character and behavior, occupation, living environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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