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(영문) 수원지방법원 성남지원 2018.11.01 2018고단2094

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 December 26, 2012, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in support of Sungnam-gu Office of Friwon, and a summary order of a fine of four million won for the same crime in the same court on May 23, 2015, respectively.

On July 11, 2018, the Defendant, as a person who has violated the provision prohibiting driving of alcohol twice or more, driven B-type cargo under the influence of alcohol with approximately 0.131% alcohol concentration in the direction of about 10km up to the nearest road in the summer-gu Seoul Metropolitan Government, and around 10:38, the Defendant driven B-type cargo under the influence of alcohol by 0.131% in the direction of 10km from the nearest road to the southwest-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of criminal history of the same kind), and 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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;