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(영문) 수원지방법원 성남지원 2015.09.10 2015고단1239
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 12, 2013, the Defendant is a person who has been in violation of Article 44(1) of the Road Traffic Act, such as a fine of four million won for a violation of the Road Traffic Act, and a fine of one million won in the same court on May 27, 2010.

On May 23, 2015, around 21:42, the Defendant driven D QM5 vehicles at approximately 100 meters away from the 21st day of the Gyeonggi-si, Gwangju-si, to the front day of the mountain village of the same Eup in the same Eup, with a blood alcohol concentration of about 0.120% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers and notification of the control of drinking driving;

1. Application of the preceding report and criminal records-related Acts and subordinate statutes;

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 on the stay of execution (the period of suspension of execution shall be three years, while strongly recommending that the drinking habits of the accused be strong);

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