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(영문) 수원지방법원 성남지원 2016.11.03 2016고단2536
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On October 17, 2013, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on the grounds of the violation of the Road Traffic Act (driving). On June 25, 2009, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on June 25, 2009.

【Criminal Facts】

On July 28, 2016, at around 22:42, the Defendant driven B car at a section of about 30 meters from the front day of the sports sports complex in the Jung-gu, Sungnam-gu, Sungnam-gu to the front day of the same sports complex while under the influence of alcohol content of 0.215%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 (In conflict with each other, taking into account the fact that an accident is insignificant);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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