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(영문) 수원지방법원 성남지원 2018.11.28 2018고단2092
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 21, 2010, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of road traffic law in support of Sungnam-gu Friwon, and on April 15, 2015, a fine of KRW 5 million was issued by the same court on April 15, 2015, respectively.

On August 11, 2018, the Defendant, as a person who has violated the provision prohibiting driving of alcohol twice or more, driven B-do motor vehicle under the influence of alcohol with approximately 0.107% alcohol concentration in a section of about 300 meters from the mother’s station in the Sinnam-si in the Sinnam-si to the road near the water level of the same water vibration.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry about criminal history, a written investigation report (the confirmation of criminal history in the same paper) and statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, etc. shall be determined by comprehensively taking account of the following factors: the reason for sentencing under Article 62-2 of the Criminal Act; the frequency of the crime; the drinking level; and the record of the defendant's age;

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