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(영문) 수원지방법원 성남지원 2017.09.22 2017고단1953

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 May 24, 2010, the Defendant received a summary order of KRW 1,50,000 from the Seoul Southern District Court as a crime of violating road traffic law (drinking driving), and on June 27, 2013, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to the same crime.

Criminal facts

On June 27, 2017, at around 22:00, the Defendant driven B K7 car under the influence of alcohol concentration of about 0.269% in approximately 50 meters from the 47-15th of Tae-ro, Tae-ri, Tae-ri, Tae-ri, Tae-ri, Tae-ri, Tae-ri, Tae-ri, Tae-ri, G-ri, Tae-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the circumstances of the driver in charge), response to a request for appraisal, report on the detection of the driver in charge of the primary collection of blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same kind of drinking record) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 suspended execution;

1. A punishment as ordered shall be determined by taking into consideration favorable circumstances, such as the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the Defendant’s blood alcohol concentration is very high; and (c) the occurrence of contact accidents in the course of committing a crime; (d) the Defendant reflects the Defendant’s mistake; and (e) the Defendant has no criminal history exceeding the fine; and