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(영문) 수원지방법원 성남지원 2014.07.24 2014고단860
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

Criminal facts

On January 31, 2014, the Defendant driven B low-income motor vehicle under the influence of alcohol with approximately KRW 1.5km from the front of the Geumdong-gu, Sungnam-gu, Sungnam-gu to the lower end of the Gu road in the same gold market in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is the same kind of crime even though the defendant had already been punished four times due to drinking driving, drinking water is considerably high, and the risk of drinking driving is realized by causing traffic accidents during drinking driving, etc. However, in full view of other favorable circumstances, such as the fact that there was no record of punishment exceeding fines for the past 20 years, and there was no previous record of punishment for the past five years, and other favorable circumstances such as the defendant's age, character and behavior, environment, etc., the sentence of imprisonment shall be imposed to the defendant, but the execution of the sentence shall be suspended on the condition of performance of the order to provide community service and attend lectures shall be determined as follows.

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