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(영문) 수원지방법원 성남지원 2014.10.07 2014고단2019
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 December 14, 2007, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a violation of the Road Traffic Act, and on July 25, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a violation of the Road Traffic Act.

On August 1, 2014, at around 00:05, the Defendant driven a BNS car at approximately 4 km on the roads under the direction of 0.141% of blood alcohol concentration on the roads near Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: References to criminal records and investigation reports (a summary order of the same criminal records as a suspect) shall be applied by statutes;

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 have been sentenced five times to a fine due to drinking alcohol or refusal of measurement of drinking alcohol, but considering the fact that the accused is the time of committing a crime, and the accused is divided, and is not required to drive a drinking again, the punishment shall be determined as ordered by the order.

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