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(영문) 수원지방법원 성남지원 2015.01.15 2014고단2746
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 November 12, 2014, at around 19:26, the Defendant driven a C motor vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of 0.066% from the roads adjacent to the Pacific City, Gwangju to the roads prior to the “Nou Puinin” in the 83-si, Gwangju City, to the roads prior to the “Nouinininu” road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the situation report on a drinking driver, notification of the results of crackdown on drinking driving, and the ledger of use of drinking measuring instruments;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act include five times the case where the defendant was punished for a crime of drinking under the same kind; the fact that the defendant caused a traffic accident while driving under the influence of alcohol and the danger of drinking under the influence of alcohol is realized; however, in full view of the favorable circumstances, such as the fact that the drinking alcohol level was not high, the fact that there was no history of punishment exceeding the fine, and the fact that there was no history of punishment exceeding the fine, and other circumstances that are conditions for sentencing, such as the defendant’s age, character, character, environment, health conditions, etc., the sentence is determined as proper to allow the defendant to choose imprisonment and suspend the execution of the sentence under the condition of the implementation of the order to attend the lecture only once.

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