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(영문) 수원지방법원 성남지원 2017.10.27 2017고단2276

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 October 9, 2009, the Defendant was sentenced to a fine of KRW 500,00,000 to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and a fine of KRW 4 million to a fine by the same court on February 27, 2013 due to a violation of road traffic law.

On August 14, 2017, the Defendant, while under the influence of alcohol content of 0.08% from around 06:08, driving D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed L

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place, a report on the situation of the driving at the main place, and photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (limited to the previous convictions);

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. The grounds for sentencing under Article 62-2 of the Criminal Act reflects the defendant's wrongness in sentencing, and all of the sentencing conditions indicated in the record, including the fact that there is no other criminal records except the criminal records as indicated in the judgment.