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수원지방법원 성남지원 2015.11.06 2015고단1648

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.


Punishment of the crime

On July 27, 2015, at around 23:31, the Defendant driven BM5 car under the influence of alcohol at approximately 0.219% of alcohol concentration at the 3km section of the Gyeonggi-si from the front day of the Mapobro, Gyeonggi-gu, Gyeonggi-do, to the front day of the 3km-ro of the 3km-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Notification of the control of drinking driving;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

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. In addition, even though the defendant had been sentenced to a number of identical fines for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the fact that the defendant committed a second offense is disadvantageous to the defendant, or that the defendant would not repeat the crime again while against the defendant, and other circumstances, including the defendant's age, character and behavior, occupation, living environment, motive, means and result of the crime, etc., the punishment as ordered, shall be determined by taking into account all circumstances,