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(영문) 수원지방법원 성남지원 2015.11.11 2015고단1683
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 of the final judgment.

Reasons

Punishment of the crime

On August 1, 2015, at around 07:52, the Defendant driven the B car owned by himself from the Seocho-gu Seoul Metropolitan Government Yang Jae-gu Seoul Metropolitan Government Yangnam-si Seoul Metropolitan Government Seonam-gu Seoul Metropolitan City Subdivision, to the 15.1km of 15.1km, while the Defendant was under the influence of alcohol concentration of 0.206%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. Written request for appraisal, and a written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to investigation reports (number 7, distance and numerical value);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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