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(영문) 수원지방법원 성남지원 2017.05.12 2017고단48

도로교통법위반(음주운전)

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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 March 12, 2014, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) in support of Sungnam-gu Friwon on March 12, 2014; on May 19, 2014, a summary order of KRW 5 million for the same crime, etc.; on the support of Sungnam-gu Friwon Friwon, the Defendant received a summary order of KRW 6 million for a violation of the Road Traffic Act (drinking driving) on July 24, 2014.

On January 4, 2017, around 00:50, the Defendant driven a B-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Ultimately, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to the next inquiry session;

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 on the stay of execution ( normal consideration, such as the fact that the defendant commits a mistake against the defendant and has no record of punishment exceeding the fine);

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