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(영문) 수원지방법원 성남지원 2014.09.12 2014고단1733
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

Punishment of the crime

On January 16, 2008, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on January 16, 2008, and on December 5, 2011, at the Sungnam branch of Suwon District Court, the Defendant was issued a summary order of five million won of a fine for a violation of the Road Traffic Act.

At around 22:00 on July 4, 2014, the Defendant driven approximately 1,500 meters of Bpoter-II cargo vehicle to the front of bus stops located in the upper 17-17 Gambling village road in front of Gwangju City, in the state of alcohol of 0.26% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written report from an employee of an employer;

1. The actual condition survey report;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are previous convictions who have been sentenced to a fine twice due to drunk driving, but considering the fact that the accused is committed while committing a crime, is repenting, and is not driving again under the influence of alcohol, the punishment shall be determined like the order.

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