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(영문) 수원지방법원 성남지원 2019.05.29 2019고단697
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Seoul Eastern District Court on July 4, 201, and was sentenced to a summary order of 3 million won for the same crime at the Sungnam Branch of Suwon District Court on January 21, 2019.

On March 22, 2019, the Defendant was under the influence of alcohol with 0.068% of blood alcohol concentration at around 03:15, the Defendant driven a CAridi6 car in the section of about 3 km from the Do in front of the Sungnam-si, Sungnam-si to the roads of the mountain basin located in the same Gu from the Do in front of the influence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Application of criminal records, repeated statements, and copies of summary order 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. 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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