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(영문) 수원지방법원 성남지원 2015.10.29 2015고단1918
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 17, 2008 and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seoul East District Court on February 7, 2014 and violated Article 44 (1) of the Road Traffic Act at least twice.

On July 28, 2015, around 10:27, the Defendant driven a F SP car in the state of alcohol alcohol concentration of about 0.1% from the 500-meter section to the front road of the “CP station” in the Gyeonggi-si, Gwangju-si, the Defendant driven the F SP car in the state of alcohol leveling from around 500 meters to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Reports on the occurrence of a traffic accident and on-site photographs;

1. The application of the Act and subordinate statutes to references to criminal records and investigation reports (previous and verification);

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 on the Suspension of Execution (the period of suspension of execution shall be three years, while strongly warning the defendant that he will cause a habit of drinking alcohol driving);

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