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(영문) 수원지방법원 성남지원 2018.11.30 2018고단2381

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam Friwon of Friwon on November 26, 2007, and a fine of six million won as a fine from the Friwon of Friwon on August 27, 2014 to the same crime.

On October 21, 2018, the Defendant driven a BM5 vehicle over about 2 km from the street in the vicinity of the Ginam-si Shodong sperm to the gold-dong gold-dong, Sungnam-si, Sungnam-si, with alcohol content of 0.17% among blood transfusion around 00:17.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Previous convictions in judgment: To reply to inquiry, such as criminal history, and to a summary order issued by a suspect, three copies of the relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the overall sentencing conditions indicated in the records, such as the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service reflects the wrongness, the records of the same crime, and the degree of alcohol concentration in the blood of this case, the punishment as