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(영문) 수원지방법원 성남지원 2018.03.29 2017고단3533

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 April 15, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of road traffic law (drinking driving) in the support for the development of a water source method, and on February 6, 2015, the Defendant was issued a summary order of five million won for the same crime in the support for the development of a water source method, and on February 6, 2015.

On November 25, 2017, the Defendant driven a motor vehicle under the name of her mother, while under the influence of 0.093% alcohol concentration in blood, from the roads in front of the water station located in 2205-1, Seongbuk-gu, Sungnam-dong, Sung-gu, Sungnam-dong, Sungnam-gu, 2205-1 to the roads in front of the Sungnam National Sports Complex located in the same 3110.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A) and the application of summary order 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act (i.e., reflectiveness and absence of criminal records exceeding the fine, etc.);

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