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(영문) 수원지방법원 성남지원 2017.11.30 2017고단2855

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On May 11, 2007, the Defendant was issued a summary order of KRW 700,000,000 for a fine for a violation of road traffic law at the Dong District Court in Seoul, Seoul, issued a summary order of KRW 2.5 million for the same crime at the Seoul Central District Court on October 8, 2010, and a summary order of KRW 5 million for a fine of KRW 2.5 million for the same crime at the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea on May 26, 2014.

[2] On September 24, 2017, the Defendant driven a B-Adi vehicle under the influence of alcohol concentration of approximately 0.127% from the 20-meter section to the 1st floor of the same underground parking lot from the front day of the 204-dong 204-dong Apartment-gu, Seongbuk-gu, Sungnam-gu to the citizen of 66:0 on September 24, 2017 to the first floor of the same underground parking lot.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the circumstances of drivers driving a driving, and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction and report on confirmation of the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection 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. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

In consideration of the fact that the defendant is against his/her will, the circumstances and distance of his/her driving, and the fact that there is no previous conviction exceeding the fine, the punishment shall be determined as per the order.