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(영문) 수원지방법원 성남지원 2017.04.19 2017고단246

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

On September 5, 2006, the Defendant issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam-gu Office of Friwon on September 5, 2006. On December 30, 2016, the Defendant controlled the violation of the Road Traffic Act (drinking driving) on or around December 30, 2016. On February 3, 2017, the Defendant filed a summary order for the violation of the Road Traffic Act (drinking driving) in support of the Sungnam-gu Office of Friwon.

Criminal facts

On December 30, 2016, the Defendant driven B K7 car under the influence of alcohol level of about 0.144% in the 3km section from the 288-1st day of the Gyeonggi-gu Gyeonggi-si, 288-1 to the roads in front of the tunnel for the members of the Jung-gu, Jungwon-gu, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of crackdown on driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

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 the amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2,

1. Article 62 (1) of the Criminal Act on the suspended execution;

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