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(영문) 수원지방법원 성남지원 2017.04.28 2017고단569

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

[2] On November 26, 2007, the Defendant issued a summary order of KRW 6 million on the grounds of a fine of KRW 3 million for a violation of road traffic laws at the Jung-gu District Court on February 11, 201, a fine of KRW 1.5 million for the same crime at the Seoul Northern District Court on February 11, 201, and a fine of KRW 2.5 million for a violation of road traffic laws (driving) on June 21, 201 at the same court on June 21, 201, 250, 6 million for a violation of road traffic laws (e.g., refusal of a measurement) at the Sung-nam Support of the Suwon Friwon Friwon on February 3, 2014, and on October 6, 2014, the same court issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of road traffic laws.

[2] On March 10, 2017, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 0.098% alcohol content from approximately 20 meters away from the 145-ro 145-gil, Sungnam-si, Sungnam-si, Sungnam-si, to the front road of about 1309.

Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes of report on investigation (the same criminal record and confirmation of suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for the crime (the records of the crime of the same kind);

1. Articles 53 and 55 (1) 3 (Confession and reflect) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence but not more than a record of crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;