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(영문) 수원지방법원 성남지원 2019.03.07 2018고단2748

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2007, the Defendant was sentenced to a summary order of one million won or more due to a violation of the Road Traffic Act, etc. in the credit branch of Suwon District Court on December 11, 2007, and on February 10, 2009, the Defendant was sentenced to a suspended sentence of two years or more due to a violation of the Road Traffic Act.

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, the Defendant driven Datob while under the influence of alcohol content of about 0.085% over the 2km section from the roads near convenience stores located in Sungnam-si B around the same time area from November 7, 2018 to the female investigation distance located in the same time area.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification on the results of the crackdown on drinking;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201; Supreme Court Decision 201Do129

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

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;