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(영문) 수원지방법원 성남지원 2016.11.04 2016고단2657
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On July 13, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the branch court of the Seoul District Court on July 13, 2007, and a fine of KRW 700,000 as a same crime in the branch court of the Suwon District Court on March 31, 2009, and was sentenced to two or more times.

【Criminal Facts】

On August 19, 2016, at around 06:35, the Defendant driven a B lusing car while under the influence of alcohol content of 0.139% in the five-meter sections in front of the road in front of the Pungdong Gung-dong Pungdong, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of running a motor vehicle on the market, and a report on the replacement of a driver on the motor vehicle;

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A), investigation reports (formers and confirmations), and statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment (the power of the same kind of crime and the taking of alcohol);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, and circumstances leading to the crime);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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