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(영문) 수원지방법원 성남지원 2014.11.21 2014고단2454
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

On May 16, 2012, the Defendant issued a summary order of a fine of four million won for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on May 16, 2012, and on August 22, 2012, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on August 22, 2012.

On October 1, 2014, at around 23:02, the Defendant driven a D Uidi A6 car at approximately 1 km to the road front of the Seongbuk-gu Seoul Metropolitan Government Madong-dong, Seongbuk-gu, Sungnam-si, Sungnam-si, with the alcohol concentration of 0.071%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order has been sentenced to imprisonment with prison labor for the same crime, including imprisonment with prison labor for six months May 30, 2002; a fine of four million won on May 16, 2012; a fine of two million won on August 22, 2012; one time a suspended sentence is sentenced to a fine of seven times; however, the defendant has been sentenced to imprisonment with prison labor for the same crime, one time a suspended sentence is sentenced to a fine of seven times; however, the defendant is dead at the time of committing the crime, and has to not drive under the influence of alcohol again; and twelve years have passed since he was sentenced to the above imprisonment with prison labor, the sentence shall be determined as per the order.

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