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(영문) 수원지방법원 성남지원 2016.10.21 2016고단2512
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 22, 2014, the Defendant was sentenced to a fine of seven million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court on May 2, 201, and a fine of five million won due to a violation of the Road Traffic Act (driving) at the Sungwon District Court on February 10, 2014, and at the Sungnam Branch on February 10, 2014, a person who has been sentenced to a summary order at least twice.

On July 30, 2016, at around 07:56, the Defendant driven a B-Adi vehicle with a blood alcohol concentration of 0.232% from the 6km section of approximately 6km from the front side of the sperm Cynam-si to the front side of the same Seo-dong Seo-dong Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of alcohol and inquiry on the result of crackdown;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (including the power of multiple kinds of crimes and the taking of alcohol);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (Crimes following the following day after voluntary confession, reflectivity, and previous drinking);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment)

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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