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(영문) 수원지방법원 성남지원 2015.07.24 2015고단1048
도로교통법위반(음주운전)등
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

On May 31, 201, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on May 31, 201, and a summary order of KRW 5 million with a fine of KRW 1 million at the Seoul Northern District Court on June 16, 2014, respectively.

On May 20, 2015, the Defendant had not obtained a driving license under the influence of alcohol with a blood alcohol concentration of 0.175% at around 21:20 on May 20, 2015. On the roads near Seongdongdong in Seongdong-gu Seoul Metropolitan Government to the front road of the Seodong Pungdong Pungnam-dong, the Defendant driven a B-learning car at the section of about 20km from the roads near Sungdong-dong in Seongdongdong-gu to the

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the drinking control;

1. Protection of the state of drinking drivers;

1. A driver's license:

1. Previous convictions in judgment: Criminal records and investigation reports;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act should be strictly punished against the defendant for the reason of sentencing, but the defendant is not sentenced to a suspended sentence of imprisonment or more for the same kind of crime, and the defendant is not sentenced to a suspended sentence of imprisonment or more for the same crime again, and the defendant's age, character and behavior, occupation, living environment, motive, means and consequence of the crime, and all other circumstances constituting the condition of sentencing, including the defendant's age, character and behavior, occupation, living environment, motive, means and consequence of the crime, shall be

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