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(영문) 수원지방법원 성남지원 2013.07.18 2013고단929
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Justice] On April 29, 201, the Defendant was notified of a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving on April 3, 201) with respect to the criminal facts that run under the influence of alcohol at the Gyeyang Branch of Suwon District Court on April 29, 201, and on May 10, 201, the Defendant was notified of a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving on April 12, 2013) due to the criminal facts that run under the influence of alcohol.

【Criminal Facts】

On April 15, 2013, at around 23:22, the Defendant driven a B Sti-type car under the influence of alcohol content of about 0.082% from the 1km section to the same Do in front of the same city’s modified water vibration 4789Mo-gu, Sung-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, to the front road of the same city’s Do.

As a result, the defendant was driving a motor vehicle under the influence of alcohol even though he violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Application of Acts and subordinate statutes to inquiry reports, investigation reports (Attachment to relevant data), investigation reports (Attachment to sound records, written judgments, etc.);

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 punishment, and the choice of imprisonment;

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

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

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc., of an order to attend lectures;

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