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(영문) 수원지방법원 성남지원 2014.02.07 2013고단2915
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 April 23, 2008, the Defendant issued a summary order of 1.5 million won of a fine for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on April 23, 2008, and on June 21, 2012, the Defendant issued a summary order of 5 million won of a fine for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on June 21, 201.

On November 23, 2013, at around 22:57, the Defendant driven B Mt Motor Vehicle up to about 3 km prior to the road that is located in the Seogdong-gu, Sungnam-si, Seongbuk-gu, Sungnam-si, Seoul-si, about a level of 0.068% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 are previous convictions sentenced to a fine four times due to drunk driving; however, considering the fact that the accused is committed while committing a crime, is repenting, and that the accused is not required to drive under the influence of alcohol again, the punishment shall be determined as ordered by the order.

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