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(영문) 수원지방법원 성남지원 2013.09.13 2013고단1674
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 October 11, 2006, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam Branch's branch on September 18, 2008. On October 17, 2008, the Defendant issued a summary order of 1 million won of a fine for the same crime at the Sungwon District Court's Sungnam Branch's branch, and on October 17, 2008, issued a summary order of 70,000 won of a fine for the same crime.

On May 14, 2013, the Defendant driven approximately 1.5 km car on the front of the wallsan apartment located in the Seocho-gu Seoul Metropolitan City, Gwangju Metropolitan City, in the state of alcohol of 0.197% of blood alcohol concentration on May 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written appraisal of blood alcohol and a written report of the master driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order of the same case);

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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include a prior conviction for which three times a summary order has been issued due to drinking driving; however, considering the fact that the accused is the time of committing a crime, the accused is repenting, and the drinking driving is not possible again, the punishment shall be determined as per the order.

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