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(영문) 수원지방법원 성남지원 2015.01.28 2014고단2956
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 March 7, 2007, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court on March 7, 2007, and on August 24, 2007, the Defendant had a record of driving under the influence of drinking twice or more after being issued a summary order of KRW 1.5 million for the same crime by the same court.

On September 19, 2014, at around 19:51, the Defendant driven a BFL car under the influence of alcohol concentration of approximately 0.095% from the 2km section from the restaurant to the 153rd road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a bound copy of summary orders);

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. Selection of an order to attend a lecture or to order community service order under Article 62-2 of the Criminal Act shall be made in consideration of the same kind of punishment, drinking water and drinking water for the latest seven years, and a punishment within the scope of discretionary mitigation shall be determined in consideration of the fact that no punishment has been available for the last seven years, the circumstances of drinking driving, the family environment

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