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(영문) 수원지방법원 성남지원 2016.05.04 2016고단469
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 2 million by the Eastern District Court on June 5, 2009 for a violation of the Road Traffic Act (driving driving), and a summary order of KRW 5 million by the Jung-gu District Court on February 1, 2010 for the same crime, etc.

[2] On March 8, 2016, around 02:04, the Defendant driven a B-hurbed car with alcohol content of about 0.143% while under the influence of alcohol from around 20 meters to around 323 Dong-dong, Mag-dong, Mag-dong, Mag-dong, Mag-dong, Mag-dong, Mag-dong, Mag-dong, Magdong-dong, Mag-dong, Mag-dong, Mag-dong,

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes on investigation reports (verification of the same kind of power);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount (including the fact that the defendant is against his/her will and that he/she has no record of being punished other than a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Protection and observation, orders to provide community service and to attend lectures for compliance with the law, Article 62-2 of the Criminal Act;

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