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(영문) 수원지방법원 성남지원 2018.09.18 2018고단1457

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2012, the Defendant was punished by a fine of KRW 1,50,000 in the Sungnam branch of the Suwon District Court in violation of the Road Traffic Act, and on May 11, 2017, by a fine of KRW 2,00,000 in the Sungnam branch of the Suwon District Court in violation of the Road Traffic Act, and was punished two times or more for driving a motor vehicle under the influence of alcohol.

On May 25, 2018, the Defendant driven B car volume under the influence of alcohol content of about 0.124% in a section of about 30 meters from May 25, 2018 to around 198, 198, a day before the 6 sperm-dong post office of the same 198, the day from May 25, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the situation of the driving of a driver and a report on the detection of the driver;

1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant had been already punished several times due to drinking alcohol driving, but the fact that the defendant has caused the crime of driving drinking in the previous time is very serious, but his/her mistake is recognized and seriously reflects his/her intention, the driving of a vehicle to take into account the circumstances that may be considered in the course of the crime, and other conditions of the sentencing indicated in the records, such as the defendant's age, occupation, sex behavior, family relationship, and conditions before and after the crime, shall be determined as ordered by the order.