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(영문) 수원지방법원 성남지원 2018.08.21 2018고단1305

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 June 10, 201, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on June 10, 201, and a summary order of KRW 4 million for the same crime from the Sungnam branch of Suwon Friwon on June 2, 2014, respectively.

On March 22, 2018, at around 03:05, the Defendant driven a Grand Track under the influence of alcohol concentration of 0.182% from the Do near the Sung-dong, Gangdong-gu, Seoul to the 1275 mnnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate 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 on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act and other circumstances of sentencing as stated in the records.

The fact that the defendant has previously been punished several times due to drinking driving, etc., the fact that alcohol concentration is high, and the fact that a traffic accident occurs is recognized and seriously against his/her mistake.