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(영문) 수원지방법원 성남지원 2015.11.11 2015고단1490
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 of the final judgment.

Reasons

Punishment of the crime

On December 18, 2012, the Defendant issued a summary order of KRW 1.5 million at the Suwon District Court to a fine for a violation of the Road Traffic Act, and on April 7, 2014, the same court issued a summary order of KRW 1.5 million as a fine for the same crime.

On July 29, 2015, at around 01:30, the Defendant driven D vehicles at approximately 10 meters from the ELD parking lot located in Sungnam-gu, Sungnam-dong to the front of the parking lot, while under the influence of alcohol content of 0.182%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of running a driving school;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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