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(영문) 수원지방법원 성남지원 2019.03.06 2018고단3007

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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 2, 2007, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Busan District Court on July 2, 2007, and a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on August 29, 2016.

【Criminal Facts】

On November 30, 2018, around 04:30, the Defendant driven a B body-man car in the state of alcohol alcohol concentration of 0.216% while under the influence of alcohol, even though the Defendant had been driving on approximately two km in the section of about 2km from the active road near the Seo-gu Seog-gu, Sungnam-si to the roads front of the same knoid distance.

Summary of Evidence

1. Defendant's legal statement;

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

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (report on the confirmation of criminal records of the same kind of suspect);

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