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(영문) 수원지방법원 성남지원 2016.05.19 2016고단457
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] On September 4, 2008, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support center, and on April 15, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam support center.

[2] On February 4, 2016, at around 22:40, the Defendant driven B cargo while under the influence of alcohol of 0.095% in blood alcohol content from the same 2k section of Gwangjin-gu Seoul Special Metropolitan City to around 22:49 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (related to the previous and summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record other than the fine stated in the judgment) ;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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