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(영문) 수원지방법원 성남지원 2019.02.13 2018고단2445

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 July 31, 2006, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Seoul Central District Court on July 31, 2006, a fine of one million won for the same crime in the same court on September 20, 2007, and a fine of six million won for the crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on April 15, 2013.

On October 18, 2018, at around 01:05, the Defendant driven a B rocketing car with approximately 200 meters alcohol content 0.135% under the influence of alcohol around the 3rd exit of the sperm station located in the same Dong, from the 00m section to the 3rd exit road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentence identical to the order shall be determined by comprehensively taking into account the grounds for sentencing under Article 62-2 of the Criminal Act, the records, such as the records, such as the accused’s age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, etc., and the reason for sentencing under Article 62-2 of the Criminal Act;