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(영문) 수원지방법원 성남지원 2015.10.23 2015고단1594
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 November 28, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court on November 28, 2008, and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the same court on August 4, 2009.

On August 4, 2015, at around 22:55, the Defendant, at around 23:02, driven a DSS5 car under the influence of alcohol content of about 0.15% from the 500-meter section of the blood alcohol content to the entrance road located in Sungnam-si B, Sungnam-si, through the entrance of the Dodong Park at a rate of east-dong in the decentralization-dong, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the accused’s confession and reflect on the instant crime, the accused has no record of drinking after 2009, and the Defendant’s age, character and conduct, and the motive and circumstances of drinking driving of the instant case, etc. shall be comprehensively considered in determining the punishment as ordered.

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