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(영문) 수원지방법원 성남지원 2017.05.12 2017고단665

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 3, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on April 24, 2013, the Defendant violated the prohibition of driving under the influence of alcohol two times or more by receiving a summary order of a fine of four million won for the same crime in the same court.

[Criminal facts] The Defendant: (a) around November 28, 2016, 22:29, and 140, as Sungnam-si, Sungnam-si, Sungnam-si, Sungnam-si, Mco H

From about 20 meters to the front road of this frat hospital, from the front road of this frat hospital with the same 13, B Apat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pat-pon vehicle

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, etc., a summary order of the Suwon District Court 2009 High Court 14302 High Court, and summary order of the Suwon District Court 2013 High Court 2996 High Court 2013

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for the crime (the records of the crime of the same kind);

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

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence but not more than a record of crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;