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(영문) 수원지방법원 성남지원 2019.07.18 2019고단1233
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 December 7, 2007, the Defendant was sentenced to a fine of 4 million won for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, etc., and a fine of 1.5 million won for a violation of the Road Traffic Act in the same court on October 10, 2013, and violated the duty of prohibition of driving under the influence of alcohol at least twice.

Nevertheless, at around 01:31 on March 7, 2019, the Defendant driven a vehicle with approximately 1 km from active on duty to the front of the building in front of the same Gu, as he was under the influence of alcohol of 0.103% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. In light of the reasons for sentencing in Article 62-2 of the Criminal Act, the criminal liability of the defendant is not absolute.

However, it shall be considered in favor of the defendant in depth, and the fact that there is no record of punishment exceeding the fine, etc.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.

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